By Place H.B. No. 1395
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the dismissal of prosecutions of certain misdemeanor
1-3 traffic offenses punishable by fine only.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 45.23, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 45.23. To Try Cause Without Delay; Dismissals. (a)
1-8 When the defendant is brought before the justice or municipal court
1-9 judge, he shall proceed to try the cause without delay, unless good
1-10 ground be shown for a postponement thereof, in which case he may
1-11 postpone the trial to any time not longer than five days, and may,
1-12 if he deem proper, require the defendant to give bail for his
1-13 appearance; and if, when required, he fails to give bail, he shall
1-14 be kept in custody until the final determination of the cause.
1-15 (b) A justice or municipal court judge may dismiss the
1-16 prosecution of an offense involving a violation of traffic law if:
1-17 (1) the justice or the judge, not later than the fifth
1-18 day before the cause is set for trial, gives notice of the trial
1-19 personally or by first class mail to:
1-20 (A) the prosecuting attorney who represents the
1-21 state in the justice court or municipal court, as appropriate; or
1-22 (B) if no prosecuting attorney is assigned to
1-23 prosecute cases in the justice court or the municipal court, the
1-24 district or county attorney if the case is pending in justice court
2-1 or to the city attorney if the case is pending in municipal court;
2-2 and
2-3 (2) when the justice or the judge of the municipal
2-4 court calls the cause to trial, an attorney representing the state
2-5 does not appear and announce the attorney's intention to prosecute
2-6 the cause.
2-7 SECTION 2. Section 7(b), Chapter 3, Acts of the 43rd
2-8 Legislature, 2nd Called Session, 1934 (Article 6675a-3e, Vernon's
2-9 Texas Civil Statutes), is amended to read as follows:
2-10 (b) A justice of the peace or municipal court judge who has
2-11 jurisdiction of the offense, at his discretion, may dismiss the
2-12 charge of driving with an expired motor vehicle registration if the
2-13 defendant remedies this defect before the date set for the
2-14 defendant's first appearance, which shall not be less than <within>
2-15 10 working days, and establishes that the additional charge under
2-16 Section 3a, Chapter 88, General Laws, Acts of the 41st Legislature,
2-17 2nd Called Session, 1929 (Article 6675a-3a, Vernon's Texas Civil
2-18 Statutes), has been paid. Additionally, the judge, at his
2-19 discretion, may assess an administrative fee not to exceed $10 when
2-20 the charge of driving with an expired motor vehicle registration
2-21 has been remedied.
2-22 SECTION 3. Section 2(b), Chapter 173, Acts of the 47th
2-23 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-24 Civil Statutes), is amended to read as follows:
2-25 (b) A judge, at his discretion, may dismiss the charge of
2-26 driving with an expired driver's license if the defendant remedies
2-27 this defect before the date set for the defendant's first
3-1 appearance, which shall not be less than <within> 10 working days.
3-2 Additionally, the judge, at his discretion, may assess an
3-3 administrative fee not to exceed $10 when the charge of driving
3-4 with an expired driver's license has been remedied.
3-5 SECTION 4. Section 108, Uniform Act Regulating Traffic on
3-6 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
3-7 by adding Subsection (e) to read as follows:
3-8 (e) A justice of the peace or municipal court judge who has
3-9 jurisdiction of the offense may dismiss a charge under Subsection
3-10 (a-1) or (a-2) of this section if the defendant remedies this
3-11 defect before the date set for the defendant's first appearance,
3-12 which shall not be less than 10 working days. Additionally, the
3-13 court may assess an administrative fee not to exceed $10 when the
3-14 charge has been remedied.
3-15 SECTION 5. Section 140(g), Uniform Act Regulating Traffic on
3-16 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
3-17 to read as follows:
3-18 (g) Any person operating a motor vehicle on the highways of
3-19 this State, other than a vehicle licensed in another State and
3-20 being temporarily and legally operated under a valid reciprocity
3-21 agreement, in violation of the provisions of this Act or any rule
3-22 adopted under this Act or without displaying a valid inspection
3-23 certificate or having equipment which does not comply with the
3-24 provisions of Article XIV of this Act is guilty of a misdemeanor
3-25 and on conviction shall be punished as provided in Section 143 of
3-26 this Act. A judge, at his discretion, may dismiss the charge of
3-27 driving with an expired vehicle inspection certificate if the
4-1 defendant remedies this defect before the date set for the
4-2 defendant's first appearance, which shall not be less than <within>
4-3 10 working days. Additionally, the judge, at his discretion, may
4-4 assess an administrative fee not to exceed $10 when the charge of
4-5 driving with an expired vehicle inspection certificate has been
4-6 remedied.
4-7 SECTION 6. Sections 143A(a) and (a-1), Uniform Act
4-8 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
4-9 Statutes), are amended to read as follows:
4-10 (a) When a person is charged with a misdemeanor offense
4-11 under this Act, other than a violation of Section 39, 40, 51, 104,
4-12 or 186 or a serious traffic violation as defined in Section 3(26),
4-13 Texas Commercial Driver's License Act (Article 6687b-2, Revised
4-14 Statutes), committed while operating a motor vehicle, the defendant
4-15 shall be advised by the court of his right to successfully complete
4-16 a driving safety course and the court:
4-17 (1) in its discretion may defer proceedings and allow
4-18 the person 90 days to present a uniform certificate of course
4-19 completion as evidence that, subsequent to the alleged act, the
4-20 person has successfully completed a driving safety course approved
4-21 under the Texas Driver and Traffic Safety Education Act (Article
4-22 4413(29c), Vernon's Texas Civil Statutes); or
4-23 (2) shall defer proceedings and allow the person 90
4-24 days to present a uniform certificate of course completion as
4-25 written evidence that, subsequent to the alleged act, the person
4-26 has successfully completed a driving safety course approved under
4-27 the Texas Driver and Traffic Safety Education Act (Article
5-1 4413(29c), Vernon's Texas Civil Statutes), if:
5-2 (A) the person enters a plea in person or in
5-3 writing of No Contest or Guilty and presents to the court an oral
5-4 request or a written request, in person or by mail <postmarked on
5-5 or before the answer date on the citation>, to take a course;
5-6 (B) the court enters judgment on the person's
5-7 plea of No Contest or Guilty at the time the plea is made but
5-8 defers imposition of the judgment for 90 days;
5-9 (C) the person has a valid Texas driver's
5-10 license or permit;
5-11 (D) the person's driving record as maintained by
5-12 the Texas Department of Public Safety does not indicate successful
5-13 completion of a driving safety course under this subdivision within
5-14 the one year immediately preceding the date of the alleged offense;
5-15 (E) the person files an affidavit with the court
5-16 stating that the person is not in the process of taking a course
5-17 under this subdivision and has not completed a course under this
5-18 subdivision that is not yet reflected on the person's driving
5-19 record;
5-20 (F) the offense charged is for an offense
5-21 covered by this section other than speeding 25 miles per hour or
5-22 more over the posted speed limit at the place where the alleged
5-23 offense occurred; and
5-24 (G) the person provides proof of financial
5-25 responsibility as required by Section 1A, Texas Motor Vehicle
5-26 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
5-27 Statutes).
6-1 (a-1) A written request to take a driving safety course
6-2 under Subsection (a)(2) of this section that is mailed must be
6-3 <timely if it is> sent by certified mail, return receipt
6-4 requested<, and is postmarked on or before the answer date on the
6-5 citation>; however, the court may, in its discretion, upon written
6-6 motion submitted to the court at any time prior to the final
6-7 disposition of the case, grant a request to take a driving safety
6-8 course under Subsection (a)(1) or (a)(2) of this section.
6-9 SECTION 7. Section 143A(a-3), Uniform Act Regulating Traffic
6-10 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
6-11 amended to read as follows:
6-12 (a-3) A request to take a driving safety course shall
6-13 constitute an appearance in compliance with such person's written
6-14 promise to appear in court, as provided in Section 148 of this Act,
6-15 if the person's request is made on or before the time and place
6-16 when and where such person shall appear in court. If the person
6-17 fails to furnish evidence of the successful completion of the
6-18 driving safety course to the court, the court shall notify the
6-19 person who made the request, in writing, mailed to the address
6-20 appearing on the citation, of the person's failure to furnish such
6-21 evidence to the court, and require the person to appear at the time
6-22 and place stated in the notice to show cause why the evidence of
6-23 the successful completion of the driving safety course was not
6-24 timely submitted to the court. In the event the person fails to
6-25 appear and show cause, the court shall impose final judgment on the
6-26 person's plea of No Contest or Guilty <Failure to appear at the
6-27 time and place stated in the notice shall constitute an offense
7-1 which shall be punishable in the same manner as provided in Section
7-2 149 of this Act>; provided, however, the court may, upon a showing
7-3 of good cause for failure to furnish such evidence to the court
7-4 made by the person so charged, allow an extension of time during
7-5 which the person shall present a uniform certificate of course
7-6 completion as evidence that the person has successfully completed
7-7 the driving safety course.
7-8 SECTION 8. The change in law made by this Act applies only
7-9 to an offense committed on or after the effective date of this Act.
7-10 An offense committed before the effective date of this Act is
7-11 covered by the law in effect when the offense was committed, and
7-12 the former law is continued in effect for that purpose. For
7-13 purposes of this section, an offense was committed before the
7-14 effective date of this Act if any element of the offense occurred
7-15 before that date.
7-16 SECTION 9. The importance of this legislation and the
7-17 crowded condition of the calendars in both houses create an
7-18 emergency and an imperative public necessity that the
7-19 constitutional rule requiring bills to be read on three several
7-20 days in each house be suspended, and this rule is hereby suspended,
7-21 and that this Act take effect and be in force from and after its
7-22 passage, and it is so enacted.