HBA-MPM, PDH H.B. 1425 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1425
By: Staples
Transportation
8/11/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, if a traffic offense was committed in a
construction or maintenance work zone when workers were present, the
imposed fine was doubled.  However, a statement that workers were present
when the offense was committed was not required to appear on any written
appearance notice. 

H.B. 1425 establishes that a traffic offense committed in a construction or
maintenance work zone when workers are present, and about which any written
notice to appear issued states on its face that workers were present when
the offense was committed, is a misdemeanor punishable by a fine from $2 to
$400 (the fine for the same offense, if committed somewhere other than in a
construction zone, is $1 to $200). 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS
 
SECTION 1.  Amends Section 472.022(d), Transportation Code, to provide that
a traffic offense is a misdemeanor punishable by a fine of not less than $2
or more than $400 if the offense is committed in a construction or
maintenance work zone when workers are present and any written notice to
appear issued for the offense states on its face that workers were present
when the offense was committed. 

SECTION 2.  Amends Section 472.022(e)(2), Transportation Code, to redefine
"construction or maintenance work zone" as a portion of a highway or street
marked by signs stating "Fines double when workers present," in addition to
information indicating that it is a construction and maintenance work zone.
Makes a nonsubstantive change. 

SECTION 3.Amends Section 542.404(a), Transportation Code, to make a
conforming change. 

SECTION 4.Amends Section 729.004(b), Transportation Code, to make a
conforming change. 

SECTION 5.Makes application of this Act prospective.

SECTION 6.Effective date: September 1, 1999.

SECTION 7.Emergency clause.