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.