87R9192 AJZ-F
By: González of El Paso H.B. No. 3291
A BILL TO BE ENTITLED
AN ACT
relating to the criminal penalty for reckless driving and to the
limitation on the authority to arrest a person for certain traffic
offenses punishable by fine only.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 543.004(a), Transportation Code, is
amended to read as follows:
(a) An officer shall issue a written notice to appear if:
(1) the offense charged is:
(A) speeding;
(B) the use of a wireless communication device
under Section 545.4251; [or]
(C) a violation of the open container law,
Section 49.031, Penal Code;
(D) a violation of signaling requirements under
Section 545.104, 545.105, 545.106, or 545.107; or
(E) reckless driving under Section 545.401, if
the offense is punishable by a fine only; and
(2) the person makes a written promise to appear in
court as provided by Section 543.005.
SECTION 2. Section 545.401, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (b-1), an offense under
this section is a misdemeanor punishable by a fine not to exceed
$200.
(b-1) If an [An] offense under this section resulted in
bodily injury or property damage, the offense is a misdemeanor
punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30
days; or
(3) both the fine and the confinement.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2021.