Texas 2015 - 84th Regular

Texas House Bill HB823 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R10743 AAF-D
2	1		By: Wu H.B. No. 823
3		-	Substitute the following for H.B. No. 823:
4		-	By: Pickett C.S.H.B. No. 823
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to criminal liability for certain federal motor carrier
10	7		safety regulation violations; increasing a criminal penalty.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Section 644.151, Transportation Code, is amended
13		-	by amending Subsection (b) and adding Subsection (d) to read as
14		-	follows:
	10	+	by amending Subsections (a) and (b) and adding Subsections (b-1)
	11	+	and (d) to read as follows:
	12	+	(a) A person commits an offense if the person:
	13	+	(1) violates a rule adopted under this chapter; [or]
	14	+	(2) does not permit an inspection authorized under
	15	+	Section 644.104; or
	16	+	(3) knowingly operates a commercial motor vehicle in
	17	+	violation of 49 C.F.R. Section 385.13 or owns, leases, or assigns a
	18	+	person to drive a commercial motor vehicle that is knowingly
	19	+	operated in violation of 49 C.F.R. Section 385.13.
15	20		(b) Except as provided by Subsection (d), an [An] offense
16		-	under this section is a Class C misdemeanor.
17		-	(d) An offense under this section relating to brakes, tires,
18		-	or load securement is a Class C misdemeanor punishable by a fine of
19		-	not less than $150 or more than $500 if the offense involves a
20		-	violation of:
	21	+	under Subsection (a)(1) or (2) [this section]
	22	+	is a Class C
	23	+	misdemeanor.
	24	+	(b-1) An offense under Subsection (a)(3) is a Class A
	25	+	misdemeanor, except that the offense is:
	26	+	(1) a state jail felony if it is shown on the trial of
	27	+	the offense that at the time of the offense the commercial motor
	28	+	vehicle was involved in a motor vehicle accident that resulted in
	29	+	bodily injury; or
	30	+	(2) a felony of the second degree if it is shown on the
	31	+	trial of the offense that at the time of the offense the commercial
	32	+	motor vehicle was involved in a motor vehicle accident that
	33	+	resulted in the death of a person.
	34	+	(d) An offense under Subsection (a)(1) or (2) relating to
	35	+	brakes, tires, or load securement is a Class C misdemeanor
	36	+	punishable by a fine of not less than $150 or more than $500 if the
	37	+	offense involves a violation of:
21	38		(1) a regulation under 49 C.F.R. Part 393, Subpart C,
22	39		as that regulation existed on April 1, 2014;
23	40		(2) 49 C.F.R. Section 393.75, as that regulation
24	41		existed on April 1, 2014; or
25	42		(3) a regulation under 49 C.F.R. Part 393, Subpart I,
26	43		as that regulation existed on April 1, 2014.
27	44		SECTION 2. An offense under Section 644.151, Transportation
28	45		Code, as amended by this Act, committed before the effective date of
29	46		this Act is governed by the law in effect when the offense was
30	47		committed, and the former law is continued in effect for that
31	48		purpose. For purposes of this section, an offense was committed
32	49		before the effective date of this Act if any element of the offense
33	50		occurred before that date.
34	51		SECTION 3. This Act takes effect September 1, 2015.