By: Wentworth S.B. No. 261
73R886 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to dismissal of certain misdemeanor traffic charges on
1-3 completion of a cardiopulmonary resuscitation course.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 143A, Uniform Act Regulating Traffic on
1-6 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-7 by amending Subsections (a), (a-1), (a-3), (b), (c), and (e), and
1-8 adding Subsections (a-2) and (h) to read as follows:
1-9 (a) When a person is charged with a misdemeanor offense
1-10 under this Act, other than a violation of Section 39, 40, 51, or
1-11 186 or a serious traffic violation as defined in Section 3(26),
1-12 Texas Commercial Driver's License Act (Article 6687b-2, Revised
1-13 Statutes), committed while operating a motor vehicle, the defendant
1-14 shall be advised by the court of his right to successfully complete
1-15 a driving safety course or cardiopulmonary resuscitation course and
1-16 the court:
1-17 (1) in its discretion may defer proceedings and allow
1-18 the person 90 days to present a uniform certificate of course
1-19 completion as evidence that, subsequent to the alleged act, the
1-20 person has successfully completed a driving safety course approved
1-21 under the Texas Driver and Traffic Safety Education Act (Article
1-22 4413(29c), Vernon's Texas Civil Statutes) or a cardiopulmonary
1-23 resuscitation course given or approved by the American Heart
1-24 Association or the American Red Cross; or
2-1 (2) shall defer proceedings and allow the person 90
2-2 days to present a uniform certificate of course completion as
2-3 written evidence that, subsequent to the alleged act, the person
2-4 has successfully completed a driving safety course approved under
2-5 the Texas Driver and Traffic Safety Education Act (Article
2-6 4413(29c), Vernon's Texas Civil Statutes) or a cardiopulmonary
2-7 resuscitation course given or approved by the American Heart
2-8 Association or the American Red Cross, if:
2-9 (A) the person enters a plea in person or in
2-10 writing of No Contest or Guilty and presents to the court an oral
2-11 request or a written request, in person or by mail postmarked on or
2-12 before the answer date on the citation, to take a course;
2-13 (B) the court enters judgment on the person's
2-14 plea of No Contest or Guilty at the time the plea is made but
2-15 defers imposition of the judgment for 90 days;
2-16 (C) the person has a valid Texas driver's
2-17 license or permit;
2-18 (D) the person's driving record as maintained by
2-19 the Texas Department of Public Safety does not indicate successful
2-20 completion of a driving safety course or cardiopulmonary
2-21 resuscitation course under this subdivision within the one year
2-22 immediately preceding the date of the alleged offense;
2-23 (E) the person files an affidavit with the court
2-24 stating that the person is not in the process of taking a course
2-25 under this subdivision and has not completed a course under this
2-26 subdivision that is not yet reflected on the person's driving
2-27 record;
3-1 (F) the offense charged is for an offense
3-2 covered by this section other than speeding 25 miles per hour or
3-3 more over the posted speed limit at the place where the alleged
3-4 offense occurred; and
3-5 (G) the person provides proof of financial
3-6 responsibility as required by Section 1A, Texas Motor Vehicle
3-7 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
3-8 Statutes).
3-9 (a-1) A written request to take a driving safety course or
3-10 cardiopulmonary resuscitation course under Subsection (a)(2) of
3-11 this section is timely if it is sent by certified mail, return
3-12 receipt requested, and is postmarked on or before the answer date
3-13 on the citation; however, the court may, in its discretion, upon
3-14 written motion submitted to the court at any time prior to the
3-15 final disposition of the case, grant a request to take a driving
3-16 safety course or cardiopulmonary resuscitation course under
3-17 Subsection (a)(1) or (a)(2) of this section.
3-18 (a-2) A person is eligible for dismissal of a charge under
3-19 this section by completion of a cardiopulmonary resuscitation
3-20 course only if:
3-21 (1) the person's driving record as maintained by the
3-22 Texas Department of Public Safety indicates a previous successful
3-23 completion of a driving safety course under this section; or
3-24 (2) the person provides the court a uniform
3-25 certificate indicating the person's previous successful completion
3-26 of a driving safety course.
3-27 (a-3) A request to take a driving safety course or
4-1 cardiopulmonary resuscitation course shall constitute an appearance
4-2 in compliance with such person's written promise to appear in
4-3 court, as provided in Section 148 of this Act, if the person's
4-4 request is made on or before the time and place when and where such
4-5 person shall appear in court. If the person fails to furnish
4-6 evidence of the successful completion of the driving safety course
4-7 or cardiopulmonary resuscitation course to the court, the court
4-8 shall notify the person who made the request, in writing, mailed to
4-9 the address appearing on the citation, of the person's failure to
4-10 furnish such evidence to the court, and require the person to
4-11 appear at the time and place stated in the notice to show cause why
4-12 the evidence of the successful completion of the driving safety
4-13 course or cardiopulmonary resuscitation course was not timely
4-14 submitted to the court. Failure to appear at the time and place
4-15 stated in the notice shall constitute an offense which shall be
4-16 punishable in the same manner as provided in Section 149 of this
4-17 Act; provided, however, the court may, upon a showing of good cause
4-18 for failure to furnish such evidence to the court made by the
4-19 person so charged, allow an extension of time during which the
4-20 person shall present a uniform certificate of course completion as
4-21 evidence that the person has successfully completed the driving
4-22 safety course or a cardiopulmonary resuscitation course certificate
4-23 as evidence that the person has successfully completed a
4-24 cardiopulmonary resuscitation course.
4-25 (b) When the person complies with the provisions of
4-26 Subsection (a) of this section and a uniform certificate of course
4-27 completion or cardiopulmonary resuscitation course certificate is
5-1 accepted by the court, the court shall remove the judgment and
5-2 dismiss the charge, but the court may only dismiss one charge for
5-3 completion of each course.
5-4 When a charge is dismissed under this section, the charge may
5-5 not be part of the person's driving record or used for any purpose,
5-6 but the court shall report the fact that a person has successfully
5-7 completed a driving safety course or cardiopulmonary resuscitation
5-8 course and the date of completion to the Texas Department of Public
5-9 Safety for inclusion in the person's driving record. The court
5-10 shall note in its report whether the course was taken under the
5-11 procedure provided by Subdivision (2) of Subsection (a) of this
5-12 section for the purpose of providing information necessary to
5-13 determine eligibility to take a subsequent course under that
5-14 subdivision. An insurer delivering or issuing for delivery a motor
5-15 vehicle insurance policy in this state may not cancel or increase
5-16 the premium charged the insured under the policy merely because of
5-17 an offense dismissed under this section or because the insured
5-18 completed a driving safety course or cardiopulmonary resuscitation
5-19 course under this section.
5-20 (c) The court may require the person requesting a driving
5-21 safety course or cardiopulmonary resuscitation course to pay a fee
5-22 set by the court at an amount that does not exceed $10 including
5-23 any special fees authorized by statute or municipal ordinance to
5-24 cover the cost of administering this section. Fees collected under
5-25 this subsection by a municipal court shall be deposited in the
5-26 municipal treasury. Fees collected by other courts shall be
5-27 deposited in the county treasury of the county in which the court
6-1 is located. If the person requesting a driving safety course or
6-2 cardiopulmonary resuscitation course does not take the course, the
6-3 person is not entitled to a refund of the fee required by this
6-4 subsection.
6-5 (e) No person shall distribute any written information for
6-6 the purpose of advertising a provider of a driving safety course or
6-7 cardiopulmonary resuscitation course within 500 feet of any court
6-8 having jurisdiction over an offense subject to this section. This
6-9 subsection does not apply to distribution of such information to a
6-10 court for the purpose of obtaining approval of the course, or to
6-11 advise the court of the availability of the course, or to
6-12 distribution by the court. A violation of this subsection by a
6-13 provider of a driving safety course, or the provider's agent,
6-14 servant, employee, or a person acting in a representative capacity
6-15 for the provider, shall result in loss of the provider's status as
6-16 a provider of a course approved under the Texas Driver and Traffic
6-17 Safety Education Act (Article 4413(29c), Vernon's Texas Civil
6-18 Statutes). If a provider of a cardiopulmonary resuscitation
6-19 course, or the provider's agent, servant, employee, or
6-20 representative, violates this subsection, the provider's course may
6-21 not be used for dismissal of a charge under this section. The
6-22 Texas Department of Public Safety shall maintain a list of
6-23 cardiopulmonary resuscitation course providers who are ineligible
6-24 under this subsection and provide a copy of the list on request to
6-25 any person.
6-26 (h) For the purposes of this section, "cardiopulmonary
6-27 resuscitation course certificate" means a document in the form
7-1 prescribed or approved by the Texas Department of Public Safety
7-2 that indicates that the person to whom the certificate is issued
7-3 has successfully completed a cardiopulmonary resuscitation course
7-4 given or approved by the American Heart Association or the American
7-5 Red Cross.
7-6 SECTION 2. (a) The changes in law made by this Act apply
7-7 only to an offense committed on or after the effective date of this
7-8 Act. For purposes of this section, an offense was committed before
7-9 the effective date of this Act if any element of the offense
7-10 occurred before that date.
7-11 (b) An offense committed before the effective date of this
7-12 Act is covered by the law in effect when the offense was committed,
7-13 and the former law is continued in effect for this purpose.
7-14 SECTION 3. This Act takes effect September 1, 1993.
7-15 SECTION 4. The importance of this legislation and the
7-16 crowded condition of the calendars in both houses create an
7-17 emergency and an imperative public necessity that the
7-18 constitutional rule requiring bills to be read on three several
7-19 days in each house be suspended, and this rule is hereby suspended.