By: Stucky, et al. (Senate Sponsor - Parker) H.B. No. 898
(In the Senate - Received from the House April 26, 2023;
April 26, 2023, read first time and referred to Committee on
Transportation; May 11, 2023, reported favorably by the following
vote: Yeas 8, Nays 0; May 11, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
NicholsX
WestX
AlvaradoX
EckhardtX
HancockX
KingX
MilesX
ParkerX
PerryX
A BILL TO BE ENTITLED
AN ACT
relating to the offense of passing certain vehicles on a highway;
increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.157, Transportation Code, is amended
by amending Subsection (c) and adding Subsections (d-1) and (d-2)
to read as follows:
(c) A person who violates [violation of] this section
commits an offense. An offense under this section is[:
[(1) a misdemeanor punishable under Section 542.401;
[(2)] a misdemeanor punishable by a fine of not less
than $500 or more than $1,250, except that the offense is:
(1) a misdemeanor punishable by a fine of not less than
$1,000 or more than $2,000 for a second or subsequent offense
committed within five years of the date on which the most recent
preceding offense was committed;
(2) a Class A misdemeanor if the offense [violation
results in property damage; or
[(3) a Class B misdemeanor if the violation] results
in bodily injury to another; or
(3) a state jail felony for a second or subsequent
offense punishable under Subdivision (2).
(d-1) If it is shown on the trial of the offense that the
person has previously been convicted of an offense under this
section, on conviction the court may order the person's driver's
license to be suspended for a period not to exceed six months.
(d-2) The court may require a defendant who fails to pay a
previously assessed fine or costs under this section, or who is
determined by the court to have insufficient resources or income to
pay a fine or costs under this section, to discharge all or part of
the fine or costs assessed under this section by performing
community service.
SECTION 2. The changes in law made by this Act apply 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 3. This Act takes effect September 1, 2023.
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