| 1 | 1 | | H.B. No. 898 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the offense of passing certain vehicles on a highway; |
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| 6 | 6 | | increasing a criminal penalty. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 545.157, Transportation Code, is amended |
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| 9 | 9 | | by amending Subsection (c) and adding Subsections (d-1) and (d-2) |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | (c) A person who violates [violation of] this section |
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| 12 | 12 | | commits an offense. An offense under this section is[: |
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| 13 | 13 | | [(1) a misdemeanor punishable under Section 542.401; |
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| 14 | 14 | | [(2)] a misdemeanor punishable by a fine of not less |
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| 15 | 15 | | than $500 or more than $1,250, except that the offense is: |
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| 16 | 16 | | (1) a misdemeanor punishable by a fine of not less than |
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| 17 | 17 | | $1,000 or more than $2,000 for a second or subsequent offense |
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| 18 | 18 | | committed within five years of the date on which the most recent |
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| 19 | 19 | | preceding offense was committed; |
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| 20 | 20 | | (2) a Class A misdemeanor if the offense [violation |
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| 21 | 21 | | results in property damage; or |
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| 22 | 22 | | [(3) a Class B misdemeanor if the violation] results |
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| 23 | 23 | | in bodily injury to another; or |
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| 24 | 24 | | (3) a state jail felony for a second or subsequent |
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| 25 | 25 | | offense punishable under Subdivision (2). |
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| 26 | 26 | | (d-1) If it is shown on the trial of the offense that the |
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| 27 | 27 | | person has previously been convicted of an offense under this |
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| 28 | 28 | | section, on conviction the court may order the person's driver's |
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| 29 | 29 | | license to be suspended for a period not to exceed six months. |
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| 30 | 30 | | (d-2) The court may require a defendant who fails to pay a |
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| 31 | 31 | | previously assessed fine or costs under this section, or who is |
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| 32 | 32 | | determined by the court to have insufficient resources or income to |
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| 33 | 33 | | pay a fine or costs under this section, to discharge all or part of |
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| 34 | 34 | | the fine or costs assessed under this section by performing |
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| 35 | 35 | | community service. |
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| 36 | 36 | | SECTION 2. The changes in law made by this Act apply only to |
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| 37 | 37 | | an offense committed on or after the effective date of this Act. An |
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| 38 | 38 | | offense committed before the effective date of this Act is governed |
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| 39 | 39 | | by the law in effect on the date the offense was committed, and the |
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| 40 | 40 | | former law is continued in effect for that purpose. For purposes of |
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| 41 | 41 | | this section, an offense was committed before the effective date of |
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| 42 | 42 | | this Act if any element of the offense occurred before that date. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 44 | 44 | | ______________________________ ______________________________ |
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| 45 | 45 | | President of the Senate Speaker of the House |
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| 46 | 46 | | I certify that H.B. No. 898 was passed by the House on April |
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| 47 | 47 | | 25, 2023, by the following vote: Yeas 139, Nays 9, 1 present, not |
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| 48 | 48 | | voting. |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Chief Clerk of the House |
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| 51 | 51 | | I certify that H.B. No. 898 was passed by the Senate on May |
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| 52 | 52 | | 17, 2023, by the following vote: Yeas 27, Nays 4. |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Secretary of the Senate |
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| 55 | 55 | | APPROVED: _____________________ |
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| 56 | 56 | | Date |
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| 57 | 57 | | _____________________ |
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| 58 | 58 | | Governor |
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