1-1  By:  Denton, et al. (Senate Sponsor - Sibley)         H.B. No. 1084
    1-2        (In the Senate - Received from the House April 5, 1993;
    1-3  April 5, 1993, read first time and referred to Committee on State
    1-4  Affairs; April 19, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 10, Nays 0;
    1-6  April 19, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Harris of Dallas                              x    
   1-10        Rosson             x                               
   1-11        Carriker           x                               
   1-12        Henderson                                     x    
   1-13        Leedom             x                               
   1-14        Lucio              x                               
   1-15        Luna               x                               
   1-16        Nelson             x                               
   1-17        Patterson          x                               
   1-18        Shelley            x                               
   1-19        Sibley             x                               
   1-20        West                                               
   1-21        Whitmire                                      x    
   1-22  COMMITTEE SUBSTITUTE FOR H.B. No. 1084                  By:  Sibley
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the offense of overtaking and passing a school bus;
   1-26  providing a penalty.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28        SECTION 1.  Section 104, Uniform Act Regulating Traffic on
   1-29  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   1-30  to read as follows:
   1-31        Sec. 104.  Overtaking And Passing School Bus.  (a)  The
   1-32  driver of a vehicle upon a highway inside or outside of a business
   1-33  or residence district upon meeting or overtaking from either
   1-34  direction any school bus which has stopped on the highway for the
   1-35  purpose of receiving or discharging any school children shall stop
   1-36  the vehicle before reaching such school bus when there is in
   1-37  operation on said school bus a visual signal as specified in
   1-38  Section 124 of this Act, and said driver shall not proceed until
   1-39  such school bus resumes motion or is signaled by the school bus
   1-40  driver to proceed or the visual signals are no longer actuated.  <A
   1-41  violation of this subsection is punishable by a fine of not less
   1-42  than $50 nor more than $200.>
   1-43        (b)  The driver of a vehicle upon a highway with separate
   1-44  roadways need not stop upon meeting or passing a school bus which
   1-45  is on a different roadway or when upon a controlled-access highway
   1-46  and the school bus is stopped in a loading zone which is a part of
   1-47  or adjacent to such highway and where pedestrians are not permitted
   1-48  to cross the roadway.
   1-49        (c)  An offense under this section is punishable by a fine of
   1-50  not less than $200 and not more than $1,000.
   1-51        (d)  On conviction of a person of a second or subsequent
   1-52  offense under this section, the court may order that the person's
   1-53  driver's license be suspended for a period of six months beginning
   1-54  on the date of conviction.  In this subsection, "driver's license"
   1-55  has the meaning assigned by Section 1, Chapter 173, Acts of the
   1-56  47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
   1-57  Texas Civil Statutes).
   1-58        (e)  In lieu of imposing a fine on a conviction under this
   1-59  section, the court may order the person to perform community
   1-60  service.  The court shall set the number of hours of service under
   1-61  this subsection.
   1-62        SECTION 2.  Section 143A(a), Uniform Act Regulating Traffic
   1-63  on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
   1-64  amended to read as follows:
   1-65        (a)  When a person is charged with a misdemeanor offense
   1-66  under this Act, other than a violation of Section 39, 40, 51, 104,
   1-67  or 186 or a serious traffic violation as defined in Section 3(26),
   1-68  Texas Commercial Driver's License Act (Article 6687b-2, Revised
    2-1  Statutes), committed while operating a motor vehicle, the defendant
    2-2  shall be advised by the court of his right to successfully complete
    2-3  a driving safety course and the court:
    2-4              (1)  in its discretion may defer proceedings and allow
    2-5  the person 90 days to present a uniform certificate of course
    2-6  completion as evidence that, subsequent to the alleged act, the
    2-7  person has successfully completed a driving safety course approved
    2-8  under the Texas Driver and Traffic Safety Education Act (Article
    2-9  4413(29c), Vernon's Texas Civil Statutes); or
   2-10              (2)  shall defer proceedings and allow the person 90
   2-11  days to present a uniform certificate of course completion as
   2-12  written evidence that, subsequent to the alleged act, the person
   2-13  has successfully completed a driving safety course approved under
   2-14  the Texas Driver and Traffic Safety Education Act (Article
   2-15  4413(29c), Vernon's Texas Civil Statutes), if:
   2-16                    (A)  the person enters a plea in person or in
   2-17  writing of No Contest or Guilty and presents to the court an oral
   2-18  request or a written request, in person or by mail postmarked on or
   2-19  before the answer date on the citation, to take a course;
   2-20                    (B)  the court enters judgment on the person's
   2-21  plea of No Contest or Guilty at the time the plea is made but
   2-22  defers imposition of the judgment for 90 days;
   2-23                    (C)  the person has a valid Texas driver's
   2-24  license or permit;
   2-25                    (D)  the person's driving record as maintained by
   2-26  the Texas Department of Public Safety does not indicate successful
   2-27  completion of a driving safety course under this subdivision within
   2-28  the one year immediately preceding the date of the alleged offense;
   2-29                    (E)  the person files an affidavit with the court
   2-30  stating that the person is not in the process of taking a course
   2-31  under this subdivision and has not completed a course under this
   2-32  subdivision that is not yet reflected on the person's driving
   2-33  record;
   2-34                    (F)  the offense charged is for an offense
   2-35  covered by this section other than speeding 25 miles per hour or
   2-36  more over the posted speed limit at the place where the alleged
   2-37  offense occurred; and
   2-38                    (G)  the person provides proof of financial
   2-39  responsibility as required by Section 1A, Texas Motor Vehicle
   2-40  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   2-41  Statutes).
   2-42        SECTION 3.  (a)  This Act takes effect September 1, 1993.
   2-43        (b)  The changes in law made by this Act apply only to
   2-44  offenses committed on or after the effective date of this Act.  An
   2-45  offense committed before the effective date of this Act is covered
   2-46  by the law in effect when the offense was committed, and that law
   2-47  is continued in effect for that purpose.  For purposes of this
   2-48  section, an offense was committed before the effective date of this
   2-49  Act if any element of the offense occurred before the effective
   2-50  date.
   2-51        SECTION 4.  The importance of this legislation and the
   2-52  crowded condition of the calendars in both houses create an
   2-53  emergency and an imperative public necessity that the
   2-54  constitutional rule requiring bills to be read on three several
   2-55  days in each house be suspended, and this rule is hereby suspended.
   2-56                               * * * * *
   2-57                                                         Austin,
   2-58  Texas
   2-59                                                         April 19, 1993
   2-60  Hon. Bob Bullock
   2-61  President of the Senate
   2-62  Sir:
   2-63  We, your Committee on State Affairs to which was referred H.B. No.
   2-64  1084, have had the same under consideration, and I am instructed to
   2-65  report it back to the Senate with the recommendation that it do not
   2-66  pass, but that the Committee Substitute adopted in lieu thereof do
   2-67  pass and be printed.
   2-68                                                         Rosson,
   2-69  Vice-Chairman
   2-70                               * * * * *
    3-1                               WITNESSES
    3-2                                                  FOR   AGAINST  ON
    3-3  ___________________________________________________________________
    3-4  Name:  Mary Duty                                 x
    3-5  Representing:  PTA
    3-6  City:  Waco
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    3-8  Name:  Justin Duty                               x
    3-9  Representing:  Self
   3-10  City:  Waco
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   3-12  Name:  Sandy Kibby                               x
   3-13  Representing:  Texas PTA
   3-14  City:  Austin
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