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.