By: Wilson H.B. No. 481
73R3041 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons arrested for violation of certain traffic laws.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 143A(a-3), Uniform Act Regulating Traffic
1-5 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
1-6 amended to read as follows:
1-7 (a-3) A request to take a driving safety course shall
1-8 constitute an appearance in compliance with the arresting officer's
1-9 <such person's> written notice <promise> to appear in court, as
1-10 provided in Section 148 of this Act, if the person's request is
1-11 made on or before the time and place when and where such person
1-12 shall appear in court. If the person fails to furnish evidence of
1-13 the successful completion of the driving safety course to the
1-14 court, the court shall notify the person who made the request, in
1-15 writing, mailed to the address appearing on the citation, of the
1-16 person's failure to furnish such evidence to the court, and require
1-17 the person to appear at the time and place stated in the notice to
1-18 show cause why the evidence of the successful completion of the
1-19 driving safety course was not timely submitted to the court.
1-20 Failure to appear at the time and place stated in the notice shall
1-21 constitute an offense which shall be punishable in the same manner
1-22 as provided in Section 149 of this Act; provided, however, the
1-23 court may, upon a showing of good cause for failure to furnish such
1-24 evidence to the court made by the person so charged, allow an
2-1 extension of time during which the person shall present a uniform
2-2 certificate of course completion as evidence that the person has
2-3 successfully completed the driving safety course.
2-4 SECTION 2. Sections 148 and 149, Uniform Act Regulating
2-5 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
2-6 are amended to read as follows:
2-7 Sec. 148. NOTICE TO APPEAR IN COURT<; PROMISE TO APPEAR>.
2-8 (a) Whenever a person is arrested for any violation of this Act
2-9 punishable as a misdemeanor, and such person is not immediately
2-10 taken before a magistrate as hereinbefore required, the arresting
2-11 officer shall prepare in duplicate written notice to appear in
2-12 court containing the name and address of such person, the license
2-13 number of his vehicle, if any, the offense charged, and the time
2-14 and place when and where such person shall appear in court.
2-15 Provided, however, that the offense of speeding and the offense
2-16 defined in Section 107E shall be the only offenses making mandatory
2-17 the issuance of a written notice to appear in court<, and only then
2-18 if the arrested person gives his written promise to appear in
2-19 court, by signing in duplicate the written notice prepared by the
2-20 arresting officer>; and provided further, that it shall not be
2-21 mandatory for an officer to give a written notice to appear in
2-22 court to any person arrested for the offense of speeding or the
2-23 offense defined in Section 107E when such person is operating a
2-24 vehicle licensed in a state or country other than the State of
2-25 Texas or who is a resident of a state or country other than the
2-26 State of Texas, except as provided by the Nonresident Violator
2-27 Compact of 1977.
3-1 (b) The time specified in said notice to appear must be at
3-2 least ten (10) days after such arrest unless the person arrested
3-3 shall demand an earlier hearing.
3-4 (c) The place specified in said notice to appear must be
3-5 before a magistrate within the city or county in which the offense
3-6 charged is alleged to have been committed and who has jurisdiction
3-7 of such offense.
3-8 (d) <The arrested person in order to secure release as
3-9 provided in this section, must give his written promise so to
3-10 appear in court by signing in duplicate the written notice prepared
3-11 by the arresting officer.> The original of said notice shall be
3-12 retained by said officer and the copy thereof delivered to the
3-13 person arrested. Thereupon, said officer shall forthwith release
3-14 the person arrested, from custody.
3-15 (e) Any officer violating any of the provisions of this
3-16 section shall be guilty of misconduct in office and shall be
3-17 subject to removal from office.
3-18 (f) A traffic citation issued to a person driving a
3-19 commercial motor vehicle or who is the holder of a commercial
3-20 driver's license or commercial driver learner's permit, for a
3-21 violation of this Act or other law regulating the operation of
3-22 vehicles on highways, must be on a form that contains the
3-23 information required by rule of the Department, to comply with the
3-24 federal Commercial Motor Vehicle Safety Act of 1986 and Article
3-25 6687b-2, Revised Statutes.
3-26 Sec. 149. VIOLATION OF NOTICE <PROMISE> TO APPEAR. (a) Any
3-27 person wilfully violating a <his> written notice <promise> to
4-1 appear in court, given as provided in this Article, is guilty of a
4-2 misdemeanor regardless of the disposition of the charge upon which
4-3 he was originally arrested.
4-4 (b) A written notice <promise> to appear in court may be
4-5 complied with by an appearance by counsel.
4-6 SECTION 3. Article 6701d-7, Revised Statutes, is repealed.
4-7 SECTION 4. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.