By: Carriker S.B. No. 1125 A BILL TO BE ENTITLED AN ACT 1-1 relating to the right of a motorcycle operator to complete a 1-2 motorcycle operator training course to have a misdemeanor traffic 1-3 violation charge dismissed. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subsection (a), Section 143A, Uniform Act 1-6 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil 1-7 Statutes), is amended to read as follows: 1-8 (a) When a person is charged with a misdemeanor offense 1-9 under this Act, other than a violation of Section 39, 40, 51, or 1-10 186 or a serious traffic violation as defined in Section 3(26), 1-11 Texas Commercial Driver's License Act (Article 6687b-2, Revised 1-12 Statutes), committed while operating a motor vehicle, the defendant 1-13 shall be advised by the court of his right to successfully complete 1-14 a driving safety course or a motorcycle operator training course, 1-15 as appropriate, and the court: 1-16 (1) in its discretion may defer proceedings and allow 1-17 the person 90 days to present a uniform certificate of course 1-18 completion as evidence that, subsequent to the alleged act, the 1-19 person has successfully completed a driving safety course approved 1-20 under the Texas Driver and Traffic Safety Education Act (Article 1-21 4413(29c), Vernon's Texas Civil Statutes), or, if the alleged act 1-22 was committed while operating a motorcycle, a motorcycle operator 1-23 training course approved by the Department of Public Safety under 2-1 Article 6701c-4, Revised Statutes; or 2-2 (2) shall defer proceedings and allow the person 90 2-3 days to present a uniform certificate of course completion as 2-4 written evidence that, subsequent to the alleged act, the person 2-5 has successfully completed a driving safety course approved under 2-6 the Texas Driver and Traffic Safety Education Act (Article 2-7 4413(29c), Vernon's Texas Civil Statutes), or, if the alleged act 2-8 was committed while operating a motorcycle, a motorcycle operator 2-9 training course approved by the Department of Public Safety under 2-10 Article 6701c-4, Revised Statutes, if: 2-11 (A) the person enters a plea in person or in 2-12 writing of No Contest or Guilty and presents to the court an oral 2-13 request or a written request, in person or by mail postmarked on or 2-14 before the answer date on the citation, to take a course; 2-15 (B) the court enters judgment on the person's 2-16 plea of No Contest or Guilty at the time the plea is made but 2-17 defers imposition of the judgment for 90 days; 2-18 (C) the person has a valid Texas driver's 2-19 license or permit; 2-20 (D) the person's driving record as maintained by 2-21 the Texas Department of Public Safety does not indicate successful 2-22 completion of a driving safety course or a motorcycle operator 2-23 training course under this subdivision within the one year 2-24 immediately preceding the date of the alleged offense; 2-25 (E) the person files an affidavit with the court 3-1 stating that the person is not in the process of taking a course 3-2 under this subdivision and has not completed a course under this 3-3 subdivision that is not yet reflected on the person's driving 3-4 record; 3-5 (F) the offense charged is for an offense 3-6 covered by this section other than speeding 25 miles per hour or 3-7 more over the posted speed limit at the place where the alleged 3-8 offense occurred; and 3-9 (G) the person provides proof of financial 3-10 responsibility as required by Section 1A, Texas Motor Vehicle 3-11 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil 3-12 Statutes). 3-13 SECTION 2. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended, 3-18 and that this Act take effect and be in force from and after its 3-19 passage, and it is so enacted.