Texas 2017 - 85th Regular

Texas House Bill HB564 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1207 BEE-D
2	2	By: Hernandez H.B. No. 564
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a defense to prosecution for certain offenses involving
8	8	the operation or use of a commercial motor vehicle or other heavy
9	9	motor vehicle.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 502.473, Transportation Code, is amended
12	12	by adding Subsections (e) and (f) to read as follows:
13	13	(e) To the extent authorized by federal law, it is a defense
14	14	to prosecution for an offense under this section involving the
15	15	operation or use of a commercial motor vehicle that at the time of
16	16	the offense the defendant:
17	17	(1) was the operator of the commercial motor vehicle;
18	18	and
19	19	(2) was not the owner of the commercial motor vehicle.
20	20	(f) In this section, "commercial motor vehicle" has the
21	21	meaning assigned by Section 548.001.
22	22	SECTION 2. Section 504.943, Transportation Code, is amended
23	23	by adding Subsections (f) and (g) to read as follows:
24	24	(f) It is a defense to prosecution for an offense under this
25	25	section involving the operation or use of a commercial motor
26	26	vehicle that at the time of the offense the defendant:
27	27	(1) was the operator of the commercial motor vehicle;
28	28	and
29	29	(2) was not the owner of the commercial motor vehicle.
30	30	(g) In this section, "commercial motor vehicle" has the
31	31	meaning assigned by Section 548.001.
32	32	SECTION 3. Section 621.501, Transportation Code, is amended
33	33	by adding Subsection (c) to read as follows:
34	34	(c) To the extent authorized by federal law, it is a defense
35	35	to prosecution for an offense under this section that at the time of
36	36	the offense the defendant:
37	37	(1) was the operator of the vehicle; and
38	38	(2) was not the owner of the vehicle.
39	39	SECTION 4. Section 623.011, Transportation Code, is amended
40	40	by adding Subsection (h) to read as follows:
41	41	(h) To the extent authorized by federal law, it is a defense
42	42	to prosecution for an offense under Subsection (f) that at the time
43	43	of the offense the defendant:
44	44	(1) was the operator of the vehicle; and
45	45	(2) was not the owner of the vehicle.
46	46	SECTION 5. Section 643.253, Transportation Code, is amended
47	47	by adding Subsections (g) and (h) to read as follows:
48	48	(g) To the extent authorized by federal law, it is a defense
49	49	to prosecution for an offense under Subsection (a)(3) involving the
50	50	operation or use of a commercial motor vehicle that at the time of
51	51	the offense the defendant:
52	52	(1) was the operator of the commercial motor vehicle;
53	53	and
54	54	(2) was not the owner of the commercial motor vehicle.
55	55	(h) In this section, "commercial motor vehicle" has the
56	56	meaning assigned by Section 548.001.
57	57	SECTION 6. The change in law made by this Act applies only
58	58	to an offense committed on or after the effective date of this Act.
59	59	An offense committed before the effective date of this Act is
60	60	governed by the law in effect on the date the offense was committed,
61	61	and the former law is continued in effect for that purpose. For
62	62	purposes of this section, an offense was committed before the
63	63	effective date of this Act if any element of the offense occurred
64	64	before that date.
65	65	SECTION 7. This Act takes effect September 1, 2017.