BILL ANALYSIS

 

 

 

H.B. 955

By: Isaac

Transportation

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Under current Texas law, reckless driving is an offense with a punishment that does not take into account whether the violation results in the serious bodily injury or death of an operator or passenger of another vehicle. There are concerns that, even if a driver causes a deadly accident but is not actually involved in the crash, the driver is subject to a maximum fine of $200, confinement in county jail for not more than 30 days, or subject to both the fine and the confinement. The concerned parties note that reckless driving can potentially have serious consequences and should be more heavily penalized when that offense results in the serious bodily injury or death of an operator or passenger of another vehicle.

 

H.B. 955 seeks to address these concerns by increasing the penalty for reckless driving if the offense results in the serious bodily injury or death of an operator or passenger of another vehicle and by authorizing a court to take certain other actions under those circumstances.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 955 amends the Transportation Code to change the penalty for the offense of reckless driving from a misdemeanor to a Class B misdemeanor if the offense results in the serious bodily injury or death of an operator or passenger of another motor vehicle. The bill authorizes a court to order the driver's license of a person convicted of the offense under those circumstances to be suspended for not less than 30 days beginning on the date of conviction and to require the person to attend and present proof that the person successfully completed a driving safety course approved under Texas law before the person's driver's license may be reinstated. The bill authorizes a judge who elects to place a defendant charged with reckless driving on community supervision to require the defendant to attend and present proof that the defendant successfully completed a driving safety course approved under Texas law.  The bill specifies that a person subject to prosecution under the bill's provisions relating to reckless driving and any other law may be prosecuted under either or both laws. 

 

EFFECTIVE DATE

 

September 1, 2013.