74R10793 GWK-F By Place H.B. No. 1395 Substitute the following for H.B. No. 1395: By Place C.S.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. The importance of this legislation and the 2-8 crowded condition of the calendars in both houses create an 2-9 emergency and an imperative public necessity that the 2-10 constitutional rule requiring bills to be read on three several 2-11 days in each house be suspended, and this rule is hereby suspended, 2-12 and that this Act take effect and be in force from and after its 2-13 passage, and it is so enacted.