HBA-NMO, ALS H.B. 3433 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3433
By: Delisi
Transportation
9/28/1999
Enrolled



BACKGROUND AND PURPOSE 

State law imposes a double fine for a moving traffic violation that occurs
in a marked construction or maintenance work zone when workers are present.
However, prior to the 76th Legislature, an individual who met certain
criteria was eligible to have conviction of such an offense suspended or
deferred. 

H.B. 3433 provides that a court does not have the option of suspending the
sentence or deferring final disposition of an individual who is convicted
of a moving traffic violation in a construction or maintenance zone where
workers are present, and prohibits the dismissal of such a charge, except
upon motion of the attorney representing the state. 

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, Transportation Code, by adding
Subsection (f), as follows: 

(f)  Provides that Article 45.54 (Suspension of sentence and deferral of
final disposition), Code of Criminal Procedure, does not apply to an
offense under this section (Obeying Warning Signs) that is committed in a
construction or maintenance work zone when workers are present.  

SECTION 2. Amends Subchapter B, Chapter 543, Transportation Code, by adding
Section 543.117, as follows: 

Sec. 543.117.  OFFENSE IN CONSTRUCTION OR MAINTENANCE WORK ZONE. Prohibits
a charge from being dismissed under this subchapter (Dismissal of Certain
Misdemeanor Charges on Completing Driving Safety Course) for an offense to
which Section 542.404 (Fine for Offense in Construction or Maintenance Work
Zone) or 729.004 (Fine for Offense in Construction or Maintenance Work
Zone), Transportation Code, applies, except upon motion of the attorney
representing the state 
. 
SECTION 3.Makes application of this Act prospective.

SECTION 4.Effective date: September 1, 1999. 

SECTION 5.Emergency clause.