BILL ANALYSIS H.B. 2483 By: Solomons C.S.H.B. 2483 By: Nixon 4-25-95 Committee Report (Substituted) BACKGROUND There are traffic offenses which are not related to the operation of a motor vehicle but do concern the status of the motor vehicle registration, the operator's license, the vehicle's equipment or the inspection certificate that can be cured or remedial action can be taken by the violator. Requiring the docketing of these matters and the subsequent court hearings on these matters when they could be handled administratively is not good stewardship of the county or municipal resources. Further, a portion of the cost of the clerical and administrative time requirements to secure the benefit of this procedure should be borne by the violator. The present statute that deals with the dismissal of traffic citations after having taken a driver's safety course provides for too little time between the dismissal of one citation and eligibility to have another citation dismissed by repeating the driver's safety course; does not provide for the effect of a person's not having completed the driver's safety course; and does not provide a sufficient fee to cover the clerical and administrative cost of the justice or municipal court that enables a person to avail his or her self of this benefit. PURPOSE This bill would provide for the administrative dismissal of expired vehicle registrations, driver's licenses, inspection certificates, and equipment violations, and would further cure the deficiencies in Section 143A of Article 6701d Revised Civil Statutes relating to the dismissal of traffic violations after having attended a driver's safety course. The bill further provides for fees to partially compensate the justice or municipal court for providing these benefits at the request of the traffic violator. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 7(b) of Article 6675a-3e, Vernon's Civil Statutes, to allow the dismissal of an expired motor vehicle registration violation citation if cured before the first appearance date and to require that the first appearance date be not less than 10 working days from the date of citation. SECTION 2. Amends Article 6687b, Vernon's Civil Statutes, to allow the dismissal of an expired driver's license violation citation if cured before the first appearance date and to require that the first appearance date be not less than 10 working days from the date of citation. SECTION 3. Adds new Subsec. (e) to Article 6701d, Section 108, Vernon's Civil Statutes, to allow the dismissal of an equipment violation citation if cured before the first appearance date and to assess a fee not to exceed $10. SECTION 4. Amends Article 6701d, Section 140(g), Vernon's Civil Statutes, to allow the dismissal of an expired inspection certificate violation citation if cured before the first appearance date and to assess a fee not to exceed $10. SECTION 5. Amends Article 6701d, Section 143A(a-3) and (c) to provide that the justice or judge may enter a final judgment if a person fails to appear to show cause why the driver's safety course was not timely completed, and to provide for an administrative fee not to exceed $25 to cover the cost of administering this section. SECTION 6. Effective date. Application of act. SECTION 7 Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1 of the substitute changes the new language from "before the date set for the defendant's first appearance before the court" to "before the date set for the defendant's first appearance, which shall not be less than [10 working days]" and moves the location of the new language within Article 6675a-3e, sec. 7(b). Section 2 of the substitute changes the new language from "before the date set for the defendant's first appearance before the court" to "before the date set for the defendant's first appearance, which shall not be less than [10 working days]" and moves the location of the new language within Article 6687b, sec. 2(b). Section 3 of the substitute changes new language in new Subsec. (e) from "if, before the date set for the defendant's first appearance before the court, the defendant remedies the defect within 10 working days" to "if the defendant remedies this defect before the date set for the defendant's first appearance, which shall not be less than 10 working days." Section 4 of the substitute changes new language in Subsec. (g) from "if, before the date set for the defendant's first appearance before the court, the defendant remedies this defect within 10 working days" to "if the defendant remedies this defect before the date set for the defendant's first appearance, which shall not be less than 10 working days." Section 5 of the original bill amended Tex. Civ. Stat. art. 6701d, § 143A(a), to provide that a driving safety course could not be used to dismiss a charge more than once every two years; this provision was deleted in the substitute. In Subsec. (a-3) of the original, the court was required to enter judgment on a person's plea of no contest or guilty for failure to appear and explain why a evidence of successful completion of a driving safety course was not timely submitted. The original deleted a current exception, allowing the judge to give the defendant extra time to file a certification of completion of the driving safety course upon a showing of good cause; this does not appear in the substitute. Sections 6 and 7 are the same in both versions. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on March 30, 1995, the Committee on Judicial Affairs met in a public hearing on April 4, 1995, to consider H.B. 2483. The Chair laid out H.B. 2483 and recognized the author, Rep. Solomons, to explain the bill. The following witnesses testified neutrally on the bill: Judge Michael O'Neal, representing the Texas Municipal Courts Association; and, James D. Bethke, general counsel of the Texas Municipal Courts Education Center, representing himself. Following testimony, the Chair referred H.B. 2483 to the Subcommittee on Municipal Courts. The subcommittee members were Reps. Nixon (Chair), Goodman and Zbranek. Pursuant to a public notice posted on April 20, 1995, the Committee on Judicial Affairs met in a public hearing on April 25, 1995. Without objection, the Chair recalled H.B. 2483 from subcommittee. The Chair laid out H.B. 2483 and recognized Rep. Nixon to explain. Rep. Nixon offered a complete committee substitute. There being no objection, the Chair laid out C.S.H.B. 2483 and recognized Rep. Nixon to explain the substitute. Rep. Nixon moved adoption of the substitute. There being no objection, the substitute was adopted. There were no witnesses. Rep. Nixon moved that H.B. 2483, as substituted, be reported favorably back to the full House with the recommendation that it do pass, be printed and sent to the Local & Consent Calendars Committee. The motion prevailed by the following record vote: 5 ayes, 0 nays, 0 PNV and 4 absent.