| 1 | 1 | | 84R5252 AJZ-F |
|---|
| 2 | 2 | | By: Turner of Harris H.B. No. 1567 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the offense of driving while license invalid. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Sections 521.457(d), (e), (f), and (f-1), |
|---|
| 10 | 10 | | Transportation Code, are amended to read as follows: |
|---|
| 11 | 11 | | (d) Except as provided by Subsection (c), it is an |
|---|
| 12 | 12 | | affirmative defense to prosecution of an offense, other than an |
|---|
| 13 | 13 | | offense under Section 521.341, that the person did not receive |
|---|
| 14 | 14 | | actual notice of a cancellation, suspension, revocation, or |
|---|
| 15 | 15 | | prohibition order relating to the person's license. For purposes |
|---|
| 16 | 16 | | of this section, actual notice is presumed if the notice was mailed |
|---|
| 17 | 17 | | in accordance with law. A person may rebut the presumption of actual |
|---|
| 18 | 18 | | notice established under this subsection by presenting evidence |
|---|
| 19 | 19 | | that the person to whom the notice was mailed moved to a new |
|---|
| 20 | 20 | | residence address on or before the date the notice was considered |
|---|
| 21 | 21 | | received, unless evidence is presented that the notice was |
|---|
| 22 | 22 | | forwarded to the person's new address. |
|---|
| 23 | 23 | | (e) Except as provided by Subsections (f)[, (f-1),] and |
|---|
| 24 | 24 | | (f-2), an offense under this section is a Class C misdemeanor. |
|---|
| 25 | 25 | | (f) An offense under this section is a Class B misdemeanor |
|---|
| 26 | 26 | | if it is shown on the trial of the offense that [the person: |
|---|
| 27 | 27 | | [(1) has previously been convicted of an offense under |
|---|
| 28 | 28 | | this section or an offense under Section 601.371(a), as that law |
|---|
| 29 | 29 | | existed before September 1, 2003; or |
|---|
| 30 | 30 | | [(2) at the time of the offense, was operating the |
|---|
| 31 | 31 | | motor vehicle in violation of Section 601.191. |
|---|
| 32 | 32 | | [(f-1) If it is shown on the trial of an offense under this |
|---|
| 33 | 33 | | section that] the license of the person has previously been |
|---|
| 34 | 34 | | suspended as the result of an offense involving the operation of a |
|---|
| 35 | 35 | | motor vehicle while intoxicated [, the offense is a Class B |
|---|
| 36 | 36 | | misdemeanor]. |
|---|
| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 38 | 38 | | to an offense committed on or after the effective date of this Act. |
|---|
| 39 | 39 | | An offense committed before the effective date of this Act is |
|---|
| 40 | 40 | | governed by the law in effect on the date the offense was committed, |
|---|
| 41 | 41 | | and the former law is continued in effect for that purpose. For |
|---|
| 42 | 42 | | purposes of this section, an offense was committed before the |
|---|
| 43 | 43 | | effective date of this Act if any element of the offense occurred |
|---|
| 44 | 44 | | before that date. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|