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


Office of House Bill AnalysisH.B. 3433
By: Delisi
Transportation
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, double fines are imposed for a moving traffic violation
that occurs in a marked construction or maintenance work zone when workers
are present.  However, under the Code of Criminal Procedure, an individual
is eligible to have the violation suspended or deferred if the individual
meets certain conditions. 

H.B. 3433 prevents an individual who is convicted of a moving traffic
violation in a construction or maintenance zone where workers are present
from having the violation suspended or deferred, and prevents a charge for
this type of offense from being dismissed. 

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, Code of Criminal Procedure (Suspension of
sentence and deferral of final disposition), does not apply to an offense
under this section 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 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.  
SECTION 3.Makes application of this Act prospective.

SECTION 4.Effective date: September 1, 1999. 

SECTION 5.Emergency clause.