By: Denton H.B. No. 1084
73R4550 JD-D
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 a Class A misdemeanor.
2-3 (d) In a prosecution under this section, it is presumed that
2-4 the registered owner of a motor vehicle is the person who, at the
2-5 time and place of the offense charged, failed to stop the vehicle
2-6 before reaching the school bus, or proceeded before the school bus
2-7 resumed motion, before being signaled by the school bus driver to
2-8 proceed, or before the visual signals were no longer activated. A
2-9 Texas Department of Transportation computer-generated record of the
2-10 registered owner is prima facie evidence of its contents.
2-11 (e) On conviction of a person of a second or subsequent
2-12 offense under this section, the court may order that the person's
2-13 driver's license be suspended for a period of one year beginning on
2-14 the date of conviction. In this subsection, "driver's license" has
2-15 the meaning assigned by Section 1, Chapter 173, Acts of the 47th
2-16 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-17 Civil Statutes).
2-18 (f) Chapter 37, Penal Code, applies to a report or statement
2-19 of an offense under this section.
2-20 SECTION 2. Section 143A(a), Uniform Act Regulating Traffic
2-21 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
2-22 amended to read as follows:
2-23 (a) When a person is charged with a misdemeanor offense
2-24 under this Act, other than a violation of Section 39, 40, 51, 104,
2-25 or 186 or a serious traffic violation as defined in Section 3(26),
2-26 Texas Commercial Driver's License Act (Article 6687b-2, Revised
2-27 Statutes), committed while operating a motor vehicle, the defendant
3-1 shall be advised by the court of his right to successfully complete
3-2 a driving safety course and the court:
3-3 (1) in its discretion may defer proceedings and allow
3-4 the person 90 days to present a uniform certificate of course
3-5 completion as evidence that, subsequent to the alleged act, the
3-6 person has successfully completed a driving safety course approved
3-7 under the Texas Driver and Traffic Safety Education Act (Article
3-8 4413(29c), Vernon's Texas Civil Statutes); or
3-9 (2) shall defer proceedings and allow the person 90
3-10 days to present a uniform certificate of course completion as
3-11 written evidence that, subsequent to the alleged act, the person
3-12 has successfully completed a driving safety course approved under
3-13 the Texas Driver and Traffic Safety Education Act (Article
3-14 4413(29c), Vernon's Texas Civil Statutes), if:
3-15 (A) the person enters a plea in person or in
3-16 writing of No Contest or Guilty and presents to the court an oral
3-17 request or a written request, in person or by mail postmarked on or
3-18 before the answer date on the citation, to take a course;
3-19 (B) the court enters judgment on the person's
3-20 plea of No Contest or Guilty at the time the plea is made but
3-21 defers imposition of the judgment for 90 days;
3-22 (C) the person has a valid Texas driver's
3-23 license or permit;
3-24 (D) the person's driving record as maintained by
3-25 the Texas Department of Public Safety does not indicate successful
3-26 completion of a driving safety course under this subdivision within
3-27 the one year immediately preceding the date of the alleged offense;
4-1 (E) the person files an affidavit with the court
4-2 stating that the person is not in the process of taking a course
4-3 under this subdivision and has not completed a course under this
4-4 subdivision that is not yet reflected on the person's driving
4-5 record;
4-6 (F) the offense charged is for an offense
4-7 covered by this section other than speeding 25 miles per hour or
4-8 more over the posted speed limit at the place where the alleged
4-9 offense occurred; and
4-10 (G) the person provides proof of financial
4-11 responsibility as required by Section 1A, Texas Motor Vehicle
4-12 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
4-13 Statutes).
4-14 SECTION 3. (a) This Act takes effect September 1, 1993.
4-15 (b) The changes in law made by this Act apply only to
4-16 offenses committed on or after the effective date of this Act. An
4-17 offense committed before the effective date of this Act is covered
4-18 by the law in effect when the offense was committed, and that law
4-19 is continued in effect for that purpose. For purposes of this
4-20 section, an offense was committed before the effective date of this
4-21 Act if any element of the offense occurred before the effective
4-22 date.
4-23 SECTION 4. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.