1-1 By: Carriker S.B. No. 1125
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 31, 1993, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; March 31, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the right of a motorcycle operator to complete a
1-24 motorcycle operator training course to have a misdemeanor traffic
1-25 violation charge dismissed.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Subsection (a), Section 143A, Uniform Act
1-28 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
1-29 Statutes), is amended to read as follows:
1-30 (a) When a person is charged with a misdemeanor offense
1-31 under this Act, other than a violation of Section 39, 40, 51, or
1-32 186 or a serious traffic violation as defined in Section 3(26),
1-33 Texas Commercial Driver's License Act (Article 6687b-2, Revised
1-34 Statutes), committed while operating a motor vehicle, the defendant
1-35 shall be advised by the court of his right to successfully complete
1-36 a driving safety course or a motorcycle operator training course,
1-37 as appropriate, and the court:
1-38 (1) in its discretion may defer proceedings and allow
1-39 the person 90 days to present a uniform certificate of course
1-40 completion as evidence that, subsequent to the alleged act, the
1-41 person has successfully completed a driving safety course approved
1-42 under the Texas Driver and Traffic Safety Education Act (Article
1-43 4413(29c), Vernon's Texas Civil Statutes), or, if the alleged act
1-44 was committed while operating a motorcycle, a motorcycle operator
1-45 training course approved by the Department of Public Safety under
1-46 Article 6701c-4, Revised Statutes; or
1-47 (2) shall defer proceedings and allow the person 90
1-48 days to present a uniform certificate of course completion as
1-49 written evidence that, subsequent to the alleged act, the person
1-50 has successfully completed a driving safety course approved under
1-51 the Texas Driver and Traffic Safety Education Act (Article
1-52 4413(29c), Vernon's Texas Civil Statutes), or, if the alleged act
1-53 was committed while operating a motorcycle, a motorcycle operator
1-54 training course approved by the Department of Public Safety under
1-55 Article 6701c-4, Revised Statutes, if:
1-56 (A) the person enters a plea in person or in
1-57 writing of No Contest or Guilty and presents to the court an oral
1-58 request or a written request, in person or by mail postmarked on or
1-59 before the answer date on the citation, to take a course;
1-60 (B) the court enters judgment on the person's
1-61 plea of No Contest or Guilty at the time the plea is made but
1-62 defers imposition of the judgment for 90 days;
1-63 (C) the person has a valid Texas driver's
1-64 license or permit;
1-65 (D) the person's driving record as maintained by
1-66 the Texas Department of Public Safety does not indicate successful
1-67 completion of a driving safety course or a motorcycle operator
1-68 training course under this subdivision within the one year
2-1 immediately preceding the date of the alleged offense;
2-2 (E) the person files an affidavit with the court
2-3 stating that the person is not in the process of taking a course
2-4 under this subdivision and has not completed a course under this
2-5 subdivision that is not yet reflected on the person's driving
2-6 record;
2-7 (F) the offense charged is for an offense
2-8 covered by this section other than speeding 25 miles per hour or
2-9 more over the posted speed limit at the place where the alleged
2-10 offense occurred; and
2-11 (G) the person provides proof of financial
2-12 responsibility as required by Section 1A, Texas Motor Vehicle
2-13 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
2-14 Statutes).
2-15 SECTION 2. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.
2-22 * * * * *
2-23 Austin,
2-24 Texas
2-25 March 31, 1993
2-26 Hon. Bob Bullock
2-27 President of the Senate
2-28 Sir:
2-29 We, your Committee on State Affairs to which was referred S.B.
2-30 No. 1125, have had the same under consideration, and I am
2-31 instructed to report it back to the Senate with the recommendation
2-32 that it do pass and be printed.
2-33 Harris of
2-34 Dallas, Chairman
2-35 * * * * *
2-36 WITNESSES
2-37 FOR AGAINST ON
2-38 ___________________________________________________________________
2-39 Name: Jim White x
2-40 Representing: Tx Dept of Public Safety
2-41 City: Austin
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