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
3-7 -------------------------------------------------------------------
3-8 Name: Justin Duty x
3-9 Representing: Self
3-10 City: Waco
3-11 -------------------------------------------------------------------
3-12 Name: Sandy Kibby x
3-13 Representing: Texas PTA
3-14 City: Austin
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