TITLE: Relating to the offense of passing certain vehicles on a highway; increasing a criminal penalty.

SUMMARY: Relating to the offense of passing certain vehicles on a highway; increasing a criminal penalty.

FULL TEXT:
AN ACT relating to the offense of passing certain vehicles on a highway; increasing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 545.157, Transportation Code, is amended by amending Subsection (c) and adding Subsections (d-1) and (d-2) to read as follows: (c) A person who violates [violation of] this section commits an offense. An offense under this section is [: [(1) a misdemeanor punishable under Section 542.401; [(2)] a misdemeanor punishable by a fine of not less than $500 or more than $1,250, except that the offense is: (1) a misdemeanor punishable by a fine of not less than $1,000 or more than $2,000 for a second or subsequent offense committed within five years of the date on which the most recent preceding offense was committed; (2) a Class A misdemeanor if the offense [violation results in property damage; or [(3) a Class Bmisdemeanor if the violation] results in bodily injury to another; or (3) a state jail felony for a second or subsequent offense punishable under Subdivision (2).(d-1) If it is shown on the trial of the offense that the person has previously been convicted of an offense under this section, on conviction the court may order the person's driver's license to be suspended for a period not to exceed six months. (d-2) The court may require a defendant who fails to pay a previously assessed fine or costs under this section, or who is determined by the court to have insufficient resources or income to pay a fine or costs under this section, to discharge all or part of the fine or costs assessed under this section by performing community service. SECTION 2. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 3. This Act takes effect September 1, 2023.