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.