| 1 | 1 | | 2019S0388-T 03/07/19 |
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| 2 | 2 | | By: Hall S.B. No. 2144 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to creating the offense of causing an accident resulting |
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| 8 | 8 | | in personal injury or death while operating a motor vehicle without |
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| 9 | 9 | | a license; providing a penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 521.021, Transportation Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | Sec. 521.021. LICENSE REQUIRED. (a) A person, other than |
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| 14 | 14 | | a person expressly exempted under this chapter, may not operate a |
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| 15 | 15 | | motor vehicle on a highway in this state unless the person holds a |
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| 16 | 16 | | driver's license issued under this chapter. |
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| 17 | 17 | | (b) Except as provided by Subsection (c), a person who is |
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| 18 | 18 | | involved in an accident covered by Section 550.021 while operating |
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| 19 | 19 | | a motor vehicle in violation of Subsection (a) commits an offense. |
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| 20 | 20 | | An offense under this subsection: |
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| 21 | 21 | | (1) involving an accident resulting in: |
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| 22 | 22 | | (A) the death of a person is a felony of the |
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| 23 | 23 | | second degree; or |
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| 24 | 24 | | (B) serious bodily injury, as defined by Section |
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| 25 | 25 | | 1.07, Penal Code, to a person is a felony of the third degree; and |
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| 26 | 26 | | (2) involving an accident resulting in injury to which |
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| 27 | 27 | | Subdivision (1) does not apply is punishable by: |
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| 28 | 28 | | (A) imprisonment in the Texas Department of |
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| 29 | 29 | | Criminal Justice for not more than five years or confinement in the |
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| 30 | 30 | | county jail for not more than one year; |
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| 31 | 31 | | (B) a fine not to exceed $5,000; or |
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| 32 | 32 | | (C) both the fine and the imprisonment or |
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| 33 | 33 | | confinement. |
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| 34 | 34 | | (c) It is an affirmative defense to liability under |
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| 35 | 35 | | Subsection (b) that the person operating a motor vehicle in |
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| 36 | 36 | | violation of Subsection (a) at the time of the violation held a |
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| 37 | 37 | | driver's license that was suspended under Section 708.152. |
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| 38 | 38 | | (d) Subsection (b) does not apply to a person operating a |
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| 39 | 39 | | motor vehicle in violation of Subsection (a) who, at the time of the |
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| 40 | 40 | | violation, held a driver's license that was suspended under Section |
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| 41 | 41 | | 708.152. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2019. |
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