By Denton, et al. H.B. No. 1084
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of overtaking and passing a school bus;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 104, Uniform Act Regulating Traffic on
1-6 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-7 to read as follows:
1-8 Sec. 104. Overtaking And Passing School Bus. (a) The
1-9 driver of a vehicle upon a highway inside or outside of a business
1-10 or residence district upon meeting or overtaking from either
1-11 direction any school bus which has stopped on the highway for the
1-12 purpose of receiving or discharging any school children shall stop
1-13 the vehicle before reaching such school bus when there is in
1-14 operation on said school bus a visual signal as specified in
1-15 Section 124 of this Act, and said driver shall not proceed until
1-16 such school bus resumes motion or is signaled by the school bus
1-17 driver to proceed or the visual signals are no longer actuated. <A
1-18 violation of this subsection is punishable by a fine of not less
1-19 than $50 nor more than $200.>
1-20 (b) The driver of a vehicle upon a highway with separate
1-21 roadways need not stop upon meeting or passing a school bus which
1-22 is on a different roadway or when upon a controlled-access highway
1-23 and the school bus is stopped in a loading zone which is a part of
1-24 or adjacent to such highway and where pedestrians are not permitted
2-1 to cross the roadway.
2-2 (c) An offense under this section is punishable by a fine of
2-3 not less than $200 and not more than $1,500.
2-4 (d) On conviction of a person of a second or subsequent
2-5 offense under this section, the court may order that the person's
2-6 driver's license be suspended for a period of one year beginning on
2-7 the date of conviction. In this subsection, "driver's license" has
2-8 the meaning assigned by Section 1, Chapter 173, Acts of the 47th
2-9 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-10 Civil Statutes).
2-11 (e) In lieu of imposing a fine on a conviction under this
2-12 section, the court may order the person to perform community
2-13 service. The court shall set the number of hours of service under
2-14 this subsection.
2-15 SECTION 2. Section 143A(a), Uniform Act Regulating Traffic
2-16 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
2-17 amended to read as follows:
2-18 (a) When a person is charged with a misdemeanor offense
2-19 under this Act, other than a violation of Section 39, 40, 51, 104,
2-20 or 186 or a serious traffic violation as defined in Section 3(26),
2-21 Texas Commercial Driver's License Act (Article 6687b-2, Revised
2-22 Statutes), committed while operating a motor vehicle, the defendant
2-23 shall be advised by the court of his right to successfully complete
2-24 a driving safety course and the court:
2-25 (1) in its discretion may defer proceedings and allow
2-26 the person 90 days to present a uniform certificate of course
2-27 completion as evidence that, subsequent to the alleged act, the
3-1 person has successfully completed a driving safety course approved
3-2 under the Texas Driver and Traffic Safety Education Act (Article
3-3 4413(29c), Vernon's Texas Civil Statutes); or
3-4 (2) shall defer proceedings and allow the person 90
3-5 days to present a uniform certificate of course completion as
3-6 written evidence that, subsequent to the alleged act, the person
3-7 has successfully completed a driving safety course approved under
3-8 the Texas Driver and Traffic Safety Education Act (Article
3-9 4413(29c), Vernon's Texas Civil Statutes), if:
3-10 (A) the person enters a plea in person or in
3-11 writing of No Contest or Guilty and presents to the court an oral
3-12 request or a written request, in person or by mail postmarked on or
3-13 before the answer date on the citation, to take a course;
3-14 (B) the court enters judgment on the person's
3-15 plea of No Contest or Guilty at the time the plea is made but
3-16 defers imposition of the judgment for 90 days;
3-17 (C) the person has a valid Texas driver's
3-18 license or permit;
3-19 (D) the person's driving record as maintained by
3-20 the Texas Department of Public Safety does not indicate successful
3-21 completion of a driving safety course under this subdivision within
3-22 the one year immediately preceding the date of the alleged offense;
3-23 (E) the person files an affidavit with the court
3-24 stating that the person is not in the process of taking a course
3-25 under this subdivision and has not completed a course under this
3-26 subdivision that is not yet reflected on the person's driving
3-27 record;
4-1 (F) the offense charged is for an offense
4-2 covered by this section other than speeding 25 miles per hour or
4-3 more over the posted speed limit at the place where the alleged
4-4 offense occurred; and
4-5 (G) the person provides proof of financial
4-6 responsibility as required by Section 1A, Texas Motor Vehicle
4-7 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
4-8 Statutes).
4-9 SECTION 3. (a) This Act takes effect September 1, 1993.
4-10 (b) The changes in law made by this Act apply only to
4-11 offenses committed on or after the effective date of this Act. An
4-12 offense committed before the effective date of this Act is covered
4-13 by the law in effect when the offense was committed, and that law
4-14 is continued in effect for that purpose. For purposes of this
4-15 section, an offense was committed before the effective date of this
4-16 Act if any element of the offense occurred before the effective
4-17 date.
4-18 SECTION 4. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.