Bill Caption

Relating to increasing the criminal penalty for the offense of obstructing a highway or other passageway.

Fiscal Notes

No fiscal implication to the State is anticipated.

Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.

Bill Analysis

The bill would amend the Penal Code to reclassify an offense of obstructing a highway or other passages from a Class B misdemeanor to a Class A misdemeanor if the actor used a device intended to hinder the removal of such obstruction. 
 
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both.

Vote Recommendation Notes

If a protester or other actor were to use a device that removes a road-blocking structure, that could pose a threat to motorists, as well as peace officers and emergency services personnel. Maintaining roadways and regulating traffic flow is a legitimate function of government. Motorists who pay into federal, state, and local transportation networks have a reasonable expectation that the roadways will be open and clear for them to use, unless they are closed by a legitimate authority for good cause. We support HB 1092 under our individual liberty principle.