|
This page has the actual
text of Texas laws governing motorists, of particular
interest to cyclists. Everything
below from the Texas PENAL Code except as otherwise noted.
If you want the actual source material, download
the complete Penal Code from the State Capitol
server. The laws
listed below were taken from the official code we downloded
in Aug. 1998, and may have changed since then.
Contents
below:
|
Actual
or threatened harm by a motorist is
assault
|
Sec. 22.01.
Assault.-
- (a) A person commits an offense if the
person:
-
- (1) intentionally, knowingly, or recklessly causes
bodily injury to another, including the person's spouse;
-
- (2) intentionally or knowingly threatens another
with imminent bodily injury, including the person's
spouse; or
-
- (3) intentionally or knowingly causes physical
contact with another when the person knows or should
reasonably believe that the other will regard the contact
as offensive or provocative.
-
- (b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is:
-
- (1) a felony of the third degree if the offense is
committed against a person the actor knows is a
- public servant while the public servant is lawfully
discharging an official duty, or in retaliation or on
account of an exercise of official power or performance
of an official duty as a public servant; or
-
- (2) a state jail felony if it is shown on the trial
of the offense that the offense was committed against a
family member and that the defendant has been previously
convicted of an offense against a family member under
this section two or more times.
-
- (c) An offense under Subsection (a)(2) or (3) is a
Class C misdemeanor, except that
an offense under Subsection (a)(3) is a Class
A misdemeanor if the offense was committed against an
elderly individual or disabled individual, as those
terms are defined by Section 22.04.
-
- (d) For purposes of Subsection (b), the actor is
presumed to have known the person assaulted was a public
servant if the person was wearing a distinctive uniform
or badge indicating the person's employment as a public
servant.
-
- (e) In this section, "family" has the meaning
assigned by Section 71.01, Family Code.
-
- Acts 1973, 63rd Leg., p. 883, ch.
399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977,
65th Leg., 1st C.S., p. 55, ch. 2, |Sec. 12, 13, eff.
July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 135,
|Sec. 1, 2, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p.
367, ch. 164, Sec. 2, eff. Sept. 1, 1979; Acts 1983, 68th
Leg., p. 5311, ch. 977, Sec. 1, eff. Sept. 1, 1983; Acts
1987, 70th Leg., ch. 1052, Sec. 2.08, eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 739, Secs. 1 to 3, eff. Sept.
1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 284(23) to
(26), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 334,
Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch.
366, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg.,
ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th
Leg., ch. 165, Sec. 27.01, eff. Sept. 1,
1997.
-
- Amended by Acts 1995, 74th Leg.,
ch. 318, Sec. 5, eff. Sept. 1, 1995; Acts 1995, 74th
Leg., ch. 659, Sec. 1, eff. Sept. 1, 1995; Acts 1997,
75th Leg., ch. 165, Secs. 27.01, 31.01(68), eff. Sept. 1,
1997.
-
-
Sec. 22.02.
Aggravated Assault.
-
- (a) A person commits an offense if the person
commits assault as defined in Section 22.01 and the
person:
-
- (1) causes serious bodily injury to another,
including the person's spouse; or
-
- (2) uses or exhibits a deadly
weapon during the commission of the
assault.
-
- (b) An offense under this section is
a felony of the second degree, except that the offense is
a felony of the first degree if the offense is
committed:
-
- (1) by a public servant acting under
color of the servant's office or employment;
- (2) against a person the actor knows
is a public servant while the public servant is lawfully
discharging an official duty, or in retaliation or on
account of an exercise of official power or performance
of an official duty as a public servant; or
- (3) in retaliation against or on
account of the service of another as a witness,
prospective witness, informant, or person who has
reported the occurrence of a crime.
-
- (c) The actor is presumed to have
known the person assaulted was a public servant if the
person was wearing a distinctive uniform or badge
indicating the person's employment as a public
servant.
-
Acts 1973, 63rd
Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended
by Acts 1979, 66th Leg., p. 367, ch. 164, Sec. 2, eff.
Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 655,
Sec. 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349,
ch. 79, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg.,
p. 5311, ch. 977, Sec. 2, eff. Sept. 1, 1983; Acts 1985,
69th Leg., ch. 223, Sec. 1, eff. Sept. 1, 1985; Acts
1987, 70th Leg., ch. 18, Sec. 3, eff. April 14, 1987;
Acts 1987, 70th Leg., ch. 1101, Sec. 12, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 939, Secs. 1 to 3, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 334, Sec. 2,
eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 903, Sec.
1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Here's
how "deadly weapon" is defined: - Sec. 1.07.
Definitions.
(17) "Deadly weapon" means:
(B) anything that in the manner of its use or
intended use is capable of causing death or serious
bodily injury.
-
In Nov. 2003, two teenagers in New Braunfels, Texas
were charged with Aggravated Assault with a Deadly Weapon
for dropping pumpkins from an overpass onto passing
vehicles. In this case, the pumpkins were considered
deadly weapons. [article]
[back
to list of TX
laws]
|
Recklessness
which could hurt someone is Deadly
Conduct
|
- Sec. 22.05. Deadly
Conduct.
-
- (a) A person commits an offense if he recklessly
engages in conduct that places another in imminent danger
of serious bodily injury.
-
- (b) A person commits an offense if he
knowingly discharges a firearm at or in the direction
of:
-
- (1) one or more individuals;
or
-
- (2) a habitation, building, or
vehicle and is reckless as to whether the habitation,
building, or vehicle is occupied.
-
- (c) Recklessness and danger are
presumed if the actor knowingly pointed a firearm at or
in the direction of another whether or not the actor
believed the firearm to be loaded.
-
- (d) For purposes of this section,
"building," "habitation," and "vehicle" have the meanings
assigned those terms by Section 30.01.
-
- (e) An offense under Subsection
(a) is a Class A misdemeanor. An offense under
Subsection (b) is a felony of the third degree.
-
[back
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laws]
Acts 1973, 63rd Leg., p.
883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994. -
- Sec. 545.401. Reckless
Driving; Offense.
-
- (a) A person commits an offense if the person
drives a vehicle in wilful or wanton disregard for the
safety of persons or property.
-
- (b) An offense under this section is a misdemeanor
punishable by:
-
- (1) a fine not to exceed $200;
- (2) confinement in county jail for not more than 30
days; or
- (3) both the fine and the confinement.
-
- (c) Notwithstanding Section 542.001, this section
applies to:
-
- (1) a private access way or parking area provided for
a client or patron by a business, other than a private
residential property or the property of a garage or
parking lot for which a charge is made for the storing or
parking of motor vehicles; and
-
- (2) a highway or other public place.
-
- (d) Notwithstanding Section 542.004, this section
applies to a person, a team, or motor vehicles and other
equipment engaged in work on a highway surface.
-
[back
to list of TX
laws] Acts
1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,
1995. -
- Sec. 550.021. Accident
Involving Personal Injury or Death.
-
- (a) The operator of a vehicle involved in an
accident resulting in injury to or death of a person
shall:
-
- (1) immediately stop the vehicle at the scene of
the accident or as close to the scene as
possible;
- (2) immediately return to the scene of the accident
if the vehicle is not stopped at the scene of the
accident; and
- (3) remain at the scene of the accident until the
operator complies with the requirements of Section
550.023.
-
- (b) An operator of a vehicle required to stop the
vehicle by Subsection (a) shall do so without obstructing
traffic more than is necessary.
-
- (c) A person commits an offense if the person does
not stop or does not comply with the requirements of this
section. An offense under this section is punishable
by:
- (1) imprisonment in the institutional division of the
Texas Department of Criminal Justice for not more than
five years or confinement in the county jail for not more
than one year;
- (2) a fine not to exceed $5,000; or
- (3) both the fine and the imprisonment or
confinement.
[back
to list of TX
laws] Acts
1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,
1995. -
-
Sec. 550.023. Duty to Give
Information and Render Aid.
-
- The operator of a vehicle involved in an accident
resulting in the injury or death of a person or damage to
a vehicle that is driven or attended by a person
shall:
-
- (1) give the operator's name and address, the
registration number of the vehicle the operator was
driving, and the name of the operator's motor vehicle
liability insurer to any person injured or the operator
or occupant of or person attending a vehicle involved in
the collision;
-
- (2) if requested and available, show the operator's
driver's license to a person described by Subdivision
(1); and
-
- (3) provide any person injured in the accident
reasonable assistance, including transporting or making
arrangements for transporting the person to a physician
or hospital for medical treatment if it is apparent that
treatment is necessary, or if the injured person requests
the transportation.
Acts 1995, 74th
Leg., ch. 165, Sec. 1, eff. Sept. 1,
1995.
|
Killing
someone with a car (see also Intoxication
Offenses, below)
|
TITLE 5.OFFENSES AGAINST THE
PERSON- CHAPTER 19.CRIMINAL
HOMICIDE
-
- Sec. 19.01.Types of Criminal
Homicide.
-
- (a) A person commits criminal homicide if he
intentionally, knowingly, recklessly, or with criminal
negligence causes the death of an individual.
-
- (b) Criminal homicide is murder, capital murder,
manslaughter, or criminally negligent homicide.
-
[back
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laws]
Acts 1973, 63rd Leg., p.
883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Amended by Acts
1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff.
Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994. -
-
Sec.
19.02.Murder.
-
- (a) In this section:
-
- (1) "Adequate cause" means cause that would commonly
produce a degree of anger, rage, resentment, or terror in
a person of ordinary temper, sufficient to render the
mind incapable of cool reflection.
-
- (2) "Sudden passion" means passion directly caused by
and arising out of provocation by the individual killed
or another acting with the person killed which passion
arises at the time of the offense and is not solely the
result of former provocation.
-
- (b) A person commits an offense if he:
-
- (1) intentionally or knowingly causes the death of
an individual;
-
- (2) intends to cause serious bodily injury and
commits an act clearly dangerous to human life that
causes the death of an individual; or
-
- (3) commits or attempts to commit a felony, other
than manslaughter, and in the course of and in
furtherance of the commission or attempt, or in immediate
flight from the commission or attempt, he commits or
attempts to commit an act clearly dangerous to human life
that causes the death of an individual.
-
- (c) Except as provided by Subsection (d), an offense
under this section is a felony of
the first degree.
-
- (d) At the punishment stage of a trial, the defendant
may raise the issue as to whether he caused the death
under the immediate influence of sudden passion arising
from an adequate cause.If the defendant proves the issue
in the affirmative by a preponderance of the evidence,
the offense is a felony of the
second degree.
-
[back
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laws]
Acts 1973, 63rd Leg., p.
883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Amended by Acts
1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff.
Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994. -
-
Sec.
19.04.Manslaughter.
-
- (a) A person commits an offense if he recklessly
causes the death of an individual.
-
- (b) An offense under this section is a felony
of the second degree.
-
[back
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laws]
Acts 1973, 63rd Leg., p.
883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Renumbered from
Sec. 19.04 by Acts 1973, 63rd Leg., p. 1123, ch. 426,
art. 2, Sec. 1, eff. Jan. 1, 1974.Amended by Acts 1987,
70th Leg., ch. 307, Sec. 1, eff. Sept. 1, 1987.Renumbered
from Sec. 19.05 and amended by Acts 1993, 73rd Leg., ch.
900, Sec. 1.01, eff. Sept. 1, 1994. -
-
Sec. 19.05.Criminally Negligent
Homicide.
-
- (a) A person commits an offense if he causes the
death of an individual by criminal negligence.
-
- (b) An offense under this section is a state
jail felony.
-
- "Criminal negligence" is defined in Sec. 6.03(d)
thusly:
- A person acts with criminal negligence, or is
criminally negligent, with respect to circumstances
surrounding his conduct or the result of his conduct when
he ought to be aware of a substantial and unjustifiable
risk that the circumstances exist or the result will
occur. The risk must be of such a nature and degree that
the failure to perceive it constitutes a gross deviation
from the standard of care that an ordinary person would
exercise under all the circumstances as viewed from the
actor's standpoint.
-
[back
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laws]
Acts 1973, 63rd Leg., p.
883, ch. 399, Sec. 1, eff. Jan. 1, 1974.Renumbered from
Sec. 19.06 by Acts 1973, 63rd Leg., p. 1123, ch. 426,
art. 2, Sec. 1, eff. Jan. 1, 1974.Renumbered from Sec.
19.07 and amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994. -
Sec. 15.01. Criminal
Attempt. (e.g., Attempted Murder, Attempted
Anything)
(a) A person commits an offense if, with
specific intent to commit an offense, he does an act
amounting to more than mere preparation that tends but
fails to effect the commission of the offense
intended.-
- (b) If a person attempts an offense that may be
aggravated, his conduct constitutes an attempt to commit
the aggravated offense if an element that aggravates the
offense accompanies the attempt.
-
- (c) It is no defense to prosecution for criminal
attempt that the offense attempted was actually
committed.
- (d) An offense under this section is one category
lower than the offense attempted, and if the offense
- attempted is a state jail felony, the offense is a
Class A misdemeanor.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1,
1974. Amended by Acts 1975, 64th Leg., p. 478, ch. 203,
Sec. 4, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch.
900, Sec. 1.01, eff. Sept. 1, 1994. -
- Sec. 49.01
Definitions.
...(2) "Intoxicated" means
(A) not having the normal use of mental or physical
faculties by reason of the introduction of alcohol, a
controlled substance, a drug, a dangerous drug, a
combination of two or more of those substances, or any
other substance into the body; or
- (B) having an alcohol concentration of 0.10 or
more.
- [irrelevant parts
omitted]
[Note
that according to (A), a person can be considered
"intoxicated" even if under 0.10 for blood
alcohol.]
Added by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994. -
Sec. 49.04 Driving While Intoxicated.
-
- (a) A person commits an offense if the person is
intoxicated while operating a motor vehicle in a public
place.
-
- (b) Except as provided by Subsection (c) and Section
49.09, an offense under this section is a Class
B misdemeanor, with a minimum term of confinement
of 72 hours.
-
- (c) If it is shown on the trial of an offense under
this section that at the time of the offense the
person operating the motor vehicle had an open container
of alcohol in the person's immediate possession, the
offense is a Class B
misdemeanor, with a minimum term of confinement of
six days.
-
[back
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laws]
Added by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994. Amended by Acts
1995, 74th Leg., ch. 76, Sec. 14.55, eff. Sept. 1,
1995. -
-
Sec. 49.07
Intoxication Assault.
-
- (a) A person commits an offense if the person, by
accident or mistake, while operating an aircraft,
watercraft, or motor vehicle in a public place while
intoxicated, by reason of that intoxication causes
serious bodily injury to another.
-
- (b) In this section, "serious bodily injury" means
injury that creates a substantial risk of death or that
causes serious permanent disfigurement or protracted loss
or impairment of the function of any bodily member or
organ.
-
- (c) An offense under this section is a felony
of the third degree.
-
[back
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laws]
Added by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994. -
-
Sec. 49.08
Intoxication Manslaughter.
-
- (a) A person commits an offense if the person:
-
- (1) operates a motor vehicle in a public place, an
aircraft, or a watercraft; and
- (2) is intoxicated and by reason of that intoxication
causes the death of another by accident or mistake.
-
- (b) An offense under this section is a felony
of the second degree.
-
[back
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laws]
Added by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994. -
-
Sec. 49.09 Enhanced
Offenses and Penalties.
-
- (a) If it is shown on the trial of an offense
under Section 49.04, 49.05, or 49.06 that the person
has previously been convicted one time of an offense
relating to the operating of a motor vehicle while
intoxicated, an offense of operating an aircraft while
intoxicated, or an offense of operating a watercraft
while intoxicated, the offense is a Class
A misdemeanor, with a minimum term of
confinement of 30 days.
-
- (b) If it is shown on the trial of an offense
under Section 49.04, 49.05, or 49.06 that the person
has previously been convicted two times of an offense
relating to the operating of a motor vehicle while
intoxicated, an offense of operating an aircraft while
intoxicated, or an offense of operating a watercraft
while intoxicated, the offense is a felony
of the third degree.
-
- (c) For the purposes of this section:
-
- (1) "Offense relating to the operating of a motor
vehicle while intoxicated" means:
-
- (A) an offense under Section 49.04;
- (B) an offense under Section 49.07 or 49.08, if
the vehicle operated was a motor vehicle;
- (C) an offense under Article 6701l-1, Revised
Statutes, as that law existed before September 1,
1994;
- (D) an offense under Article 6701l-2, Revised
Statutes, as that law existed before January 1,
1984;
- (E) an offense under Section 19.05(a)(2), as that
law existed before September 1, 1994, if the vehicle
operated was a motor vehicle; or
- (F) an offense under the laws of another state
that prohibit the operation of a motor vehicle while
intoxicated.
-
- (2) "Offense of operating an aircraft
while intoxicated" means:
-
- (A) an offense under Section
49.05;
- (B) an offense under Section 49.07
or 49.08, if the vehicle operated was an
aircraft;
- (C) an offense under Section 1,
Chapter 46, Acts of the 58th Legislature, Regular
Session, 1963 (Article 46f-3, Vernon's Texas Civil
Statutes), as that law existed before September 1,
1994;
- (D) an offense under Section
19.05(a)(2), as that law existed before September 1,
1994, if the vehicle operated was an aircraft;
or
- (E) an offense under the laws of
another state that prohibit the operation of an
aircraft while intoxicated.
-
- (3) "Offense of operating a
watercraft while intoxicated" means:
-
- (A) an offense under Section
49.06;
- (B) an offense under Section 49.07
or 49.08, if the vehicle operated was a
watercraft;
- (C) an offense under Section
31.097, Parks and Wildlife Code, as that law existed
before September 1, 1994;
- (D) an offense under Section
19.05(a)(2), as that law existed before September 1,
1994, if the vehicle operated was a watercraft;
or
- (E) an offense under the laws of
another state that prohibit the operation of a
watercraft while intoxicated.
-
- (d) For the purposes of this section, a conviction
for an offense under Section 49.04, 49.05, 49.06, 49.07,
or 49.08 that occurs on or after September 1, 1994, is a
final conviction, whether the sentence for the conviction
is imposed or probated.
-
- (e) A conviction may not be used for purposes of
enhancement under this section if:
-
- (1) the conviction was a final conviction under
Subsection (d) and was for an offense committed more than
10 years before the offense for which the person is being
tried was committed; and
-
- (2) the person has not been convicted of an offense
under Section 49.04, 49.05, 49.06, 49.07, or 49.08 or any
offense related to operating a motor vehicle while
intoxicated committed within 10 years before the date on
which the offense for which the person is being tried was
committed.
-
- (f) A conviction may be used for purposes of
enhancement under this section or enhancement under
Subchapter D, Chapter 12, but not under both this section
and Subchapter D.
-
[back
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laws]
Added by Acts 1993, 73rd
Leg., ch. 900, Sec. 1.01, eff. Sept. 1,
1994. Amended by Acts
1995, 74th Leg., ch. 76, Sec. 14.56, eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 318, Sec. 21, eff. Sept. 1,
1995. -
Sec. 724.012. Taking
of Specimen
(Transportation Code)
-
- (a) One or more specimens of a person's breath or
blood may be taken if the person is arrested and at the
request of a peace officer having reasonable grounds to
believe the person:
-
- (1) while intoxicated was operating a motor
vehicle in a public place, or a watercraft; or
-
- (2) was in violation of Section 106.041, Alcoholic
Beverage Code.
-
- (b) A peace officer shall require the taking of a
specimen of the person's breath or blood if:
-
- (1) the officer arrests the person for an offense
under Chapter 49, Penal Code, involving the operation
of a motor vehicle or a watercraft;
-
- (2) the person was the operator of a motor vehicle
or a watercraft involved in an accident that the
officer reasonably believes occurred as a result of
the offense;
-
- (3) at the time of the arrest the officer
reasonably believes that a person has died or will die
as a direct result of the accident; and
-
- (4) the person refuses the officer's request to
submit to the taking of a specimen voluntarily.
-
- (c) The peace officer shall designate the type of
specimen to be taken.
-
Acts 1995, 74th
Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by
Acts 1997, 75th Leg., ch. 1013, Sec. 33, eff. Sept. 1,
1997.
Sec. 524.011. Officer's
Duties for Driver's License
Suspension (Transportation
Code)
(a) An officer arresting a person shall comply with
Subsection (b) if:
(1) the person is arrested for an offense under
Section 49.04, Penal Code, or an offense under Section
49.07 or 49.08 of that code involving the operation of a
motor vehicle, submits to the taking of a specimen of
breath or blood and an analysis of the specimen shows the
person had an alcohol concentration of a level specified
by Section 49.01(2)(B), Penal Code; or
(2) the person is a minor arrested for an offense
under Section 106.041, Alcoholic Beverage Code, or
Section 49.04, Penal Code, or an offense under Section
49.07 or 49.08, Penal Code, involving the operation of a
motor vehicle and:
(A) the minor is not requested to submit to
the taking of a specimen; or
(B) the minor submits to the taking of a specimen
and an analysis of the specimen shows that the minor
had an alcohol concentration of greater than .00 but
less than the level specified by Section 49.01(2)(B),
Penal Code.
(b) A peace officer shall:
(1) serve or, if a specimen is taken and the
analysis of the specimen is not returned to the arresting
officer before the person is admitted to bail, released
from custody, delivered as provided by Title 3, Family
Code, or committed to jail, attempt to serve notice of
driver's license suspension by delivering the notice to
the arrested person;
(2) take possession of any driver's license issued by
this state and held by the person arrested;
(3) issue a temporary driving permit to the person
unless department records show or the officer otherwise
determines that the person does not hold a driver's
license to operate a motor vehicle in this state;
and
(4) send to the department not later than the fifth
business day after the date of the arrest:
(A) a copy of the driver's license
suspension notice;
(B) any driver's license taken by the officer
under this subsection;
(C) a copy of any temporary driving permit issued
under this subsection; and
(D) a sworn report of information relevant to the
arrest.
(c) The report required under Subsection (b)(2)(B) must:
(1) identify the arrested person;
(2) state the arresting officer's grounds for
believing the person committed the offense;
(3) give the analysis of the specimen if any; and
(4) include a copy of the criminal complaint filed in
the case, if any.
(d) A peace officer shall make the report on a form
approved by the department and in the manner specified by
the department.
(e) The department shall develop forms for the notice of
driver's license suspension and temporary driving permits to
be used by all state and local law enforcement agencies.
(f) A temporary driving permit issued under this section
expires on the 41st day after the date of issuance. If the
person was driving a commercial motor vehicle, as defined by
Section 522.003, a temporary driving permit that authorizes
the person to drive a commercial motor vehicle is not
effective until 24 hours after the time of arrest.
Acts 1995, 74th
Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by
Acts 1997, 75th Leg., ch. 609, § 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1013, § 22, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 444, § 2,
eff. Sept. 1, 2001.
Sec. 524.012.
Department's Determination for Driver's License
Suspension (Transportation
Code)
(a) On receipt of a report under Section 524.011, if the
officer did not serve a notice of suspension of driver's
license at the time the results of the analysis of a breath
or blood specimen were obtained, the department shall
determine from the information in the report whether to
suspend the person's driver's license.
(b) The department shall suspend the person's driver's
license if the department determines that:
(1) the person had an alcohol concentration of
a level specified by Section 49.01(2)(B), Penal Code,
while operating a motor vehicle in a public place; or
(2) the person is a minor and had any detectable
amount of alcohol in the minor's system while operating a
motor vehicle in a public place.
(c) The department may not suspend a person's driver's
license if:
(1) the person is an adult and the analysis of
the person's breath or blood specimen determined that the
person had an alcohol concentration of a level below that
specified by Section 49.01(2)(B), Penal Code, at the time
the specimen was taken; or
(2) the person is a minor and the department does not
determine that the minor had any detectable amount of
alcohol in the minor's system when the minor was
arrested.
(d) A determination under this section is final unless a
hearing is requested under Section 524.031.
(e) A determination under this section:
(1) is a civil matter;
(2) is independent of and is not an estoppel to any
matter in issue in an adjudication of a criminal charge
arising from the occurrence that is the basis for the
suspension; and
(3) does not preclude litigation of the same or
similar facts in a criminal prosecution.
Acts 1995, 74th Leg.,
ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts
1997, 75th Leg., ch. 165, § 30.102, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1013, § 23, eff.
Sept. 1, 1997.
Sec. 524.022.
Period of Suspension.
(Transportation Code)
(a) A period of suspension under this chapter for an
adult is:
(1) 90 days if the person's driving record
shows no alcohol-related or drug-related enforcement
contact during the 10 years preceding the date of the
person's arrest; or
(2) one year if the person's driving record shows one
or more alcohol-related or drug-related enforcement
contacts during the 10 years preceding the date of the
person's arrest.
(b) A period of suspension under this chapter for a
minor is:
(1) 60 days if the minor has not been
previously convicted of an offense under Section 106.041,
Alcoholic Beverage Code, or Section 49.04, Penal Code, or
an offense under Section 49.07 or 49.08, Penal Code,
involving the operation of a motor vehicle;
(2) 120 days if the minor has been previously
convicted once of an offense listed by Subdivision (1);
or
(3) 180 days if the minor has been previously
convicted twice or more of an offense listed by
Subdivision (1).
(c) For the purposes of determining whether a minor has
been previously convicted of an offense described by
Subsection (b)(1):
(1) an adjudication under Title 3, Family Code,
that the minor engaged in conduct described by Subsection
(b)(1) is considered a conviction under that provision;
and
(2) an order of deferred adjudication for an offense
alleged under a provision described by Subsection (b)(1)
is considered a conviction of an offense under that
provision.
(d) A minor whose driver's license is suspended under
this chapter is not eligible for an occupational license
under Subchapter L, Chapter 521, for:
(1) the first 30 days of a suspension under
Subsection (b)(1);
(2) the first 90 days of a suspension under
Subsection (b)(2); or
(3) the entire period of a suspension under
Subsection (b)(3).
Acts
1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1013, § 25,
eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 444,
§ 3, eff. Sept. 1, 2001.
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Penalties
for breaking Texas laws
|
Explanation of
penalties:
- These are the
maximum penalties for crimes under Texas law, from
Section 12 of the Texas Penal Code.
- Felony
convictions carry a minimum jail sentence (the
first number in the range listed below).
- There is no
minimum penalty for misdemeanor convictions, unless a
special minimum penalty is included in the text of the
specific law that was broken.
And now the
penalties:
Example crimes:
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