By Jones of Lubbock H.B. No. 1857
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a plea of guilty or nolo contendere in certain
1-3 misdemeanor offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Art. 27.14, Section (c), Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (c) In a misdemeanor case <arising out of a moving traffic
1-8 violation> for which the maximum possible punishment is by fine
1-9 only, payment of a fine, or an amount accepted by the court
1-10 constitutes a finding of guilty in open court, as though a plea of
1-11 nolo contendere had been entered by the defendant.
1-12 (d) If written notice of a <traffic> violation for which
1-13 maximum possible punishment is by fine only or of a violation
1-14 relating to the manner, time, and place of parking has been
1-15 prepared, delivered, and filed with the court and a legible
1-16 duplicate copy has been given to the defendant, the duplicate copy
1-17 serves as a complaint to which the defendant may plead "guilty,"
1-18 "not guilty," or "nolo contendere." If the defendant pleads "not
1-19 guilty" to the offense, a complaint shall be filed that conforms to
1-20 the requirements of Article 45.01, Code of Criminal Procedure,
1-21 1965, and that complaint serves as an original complaint. A
1-22 defendant may waive the filing of a sworn complaint and elect that
1-23 the prosecution proceed on the written notice of the charged
2-1 offense if the defendant agrees in writing with the prosecution,
2-2 signs the agreement, and files it with the court.
2-3 SECTION 2. This Act takes effect September 1, 1993, and
2-4 applies only to misdemeanors occurring on or after that date.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.