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.