89R10980 MZM-F
By: Eckhardt S.B. No. 1088
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for the offense of
reckless driving.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.401, Transportation Code, is amended
by amending Subsection (b) and adding Subsections (b-1) and (e) to
read as follows:
(b) Subject to Subsection (b-1), an [An] offense under this
section 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.
(b-1) Notwithstanding Subsection (b), an offense under this
section is a Class B misdemeanor if it is shown on the trial of the
offense that:
(1) as a result of the offense the person caused a
collision and another person suffered bodily injury as a result of
the collision; and
(2) at the time of the offense the person was operating
the vehicle:
(A) at a speed of 20 miles per hour or more over
the posted speed limit in an urban district;
(B) at a speed of 30 miles per hour or more over
the posted speed limit outside of an urban district; or
(C) while using a portable wireless
communication device.
(e) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 2. 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 3. This Act takes effect September 1, 2025.