| 1 | 1 | | 89R10980 MZM-F |
|---|
| 2 | 2 | | By: Eckhardt S.B. No. 1088 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to increasing the criminal penalty for the offense of |
|---|
| 10 | 10 | | reckless driving. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 545.401, Transportation Code, is amended |
|---|
| 13 | 13 | | by amending Subsection (b) and adding Subsections (b-1) and (e) to |
|---|
| 14 | 14 | | read as follows: |
|---|
| 15 | 15 | | (b) Subject to Subsection (b-1), an [An] offense under this |
|---|
| 16 | 16 | | section is a misdemeanor punishable by: |
|---|
| 17 | 17 | | (1) a fine not to exceed $200; |
|---|
| 18 | 18 | | (2) confinement in county jail for not more than 30 |
|---|
| 19 | 19 | | days; or |
|---|
| 20 | 20 | | (3) both the fine and the confinement. |
|---|
| 21 | 21 | | (b-1) Notwithstanding Subsection (b), an offense under this |
|---|
| 22 | 22 | | section is a Class B misdemeanor if it is shown on the trial of the |
|---|
| 23 | 23 | | offense that: |
|---|
| 24 | 24 | | (1) as a result of the offense the person caused a |
|---|
| 25 | 25 | | collision and another person suffered bodily injury as a result of |
|---|
| 26 | 26 | | the collision; and |
|---|
| 27 | 27 | | (2) at the time of the offense the person was operating |
|---|
| 28 | 28 | | the vehicle: |
|---|
| 29 | 29 | | (A) at a speed of 20 miles per hour or more over |
|---|
| 30 | 30 | | the posted speed limit in an urban district; |
|---|
| 31 | 31 | | (B) at a speed of 30 miles per hour or more over |
|---|
| 32 | 32 | | the posted speed limit outside of an urban district; or |
|---|
| 33 | 33 | | (C) while using a portable wireless |
|---|
| 34 | 34 | | communication device. |
|---|
| 35 | 35 | | (e) If conduct that constitutes an offense under this |
|---|
| 36 | 36 | | section also constitutes an offense under any other law, the actor |
|---|
| 37 | 37 | | may be prosecuted under this section, the other law, or both. |
|---|
| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 39 | 39 | | to an offense committed on or after the effective date of this Act. |
|---|
| 40 | 40 | | An offense committed before the effective date of this Act is |
|---|
| 41 | 41 | | governed by the law in effect on the date the offense was committed, |
|---|
| 42 | 42 | | and the former law is continued in effect for that purpose. For |
|---|
| 43 | 43 | | purposes of this section, an offense was committed before the |
|---|
| 44 | 44 | | effective date of this Act if any element of the offense occurred |
|---|
| 45 | 45 | | before that date. |
|---|
| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|