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.