74R11832 E
          By Solomons                                           H.B. No. 2483
          Substitute the following for H.B. No. 2483:
          By Nixon                                          C.S.H.B. No. 2483
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the dismissal of certain traffic charges.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 7(b), Chapter 3, Acts of the 43rd
    1-5  Legislature, 2nd Called Session, 1934 (Article 6675a-3e, Vernon's
    1-6  Texas Civil Statutes), is amended to read as follows:
    1-7        (b)  A justice of the peace or municipal court judge who has
    1-8  jurisdiction of the offense, at his discretion, may dismiss the
    1-9  charge of driving with an expired motor vehicle registration if the
   1-10  defendant remedies this defect before the date set for the
   1-11  defendant's first appearance, which shall not be less than <within>
   1-12  10 working days, and establishes that the additional charge under
   1-13  Section 3a, Chapter 88, General Laws, Acts of the 41st Legislature,
   1-14  2nd Called Session, 1929 (Article 6675a-3a, Vernon's Texas Civil
   1-15  Statutes), has been paid.  Additionally, the judge, at his
   1-16  discretion, may assess an administrative fee not to exceed $10 when
   1-17  the charge of driving with an expired motor vehicle registration
   1-18  has been remedied.
   1-19        SECTION 2.  Section 2(b), Chapter 173, Acts of the 47th
   1-20  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   1-21  Civil Statutes), is amended to read as follows:
   1-22        (b)  A judge, at his discretion, may dismiss the charge of
   1-23  driving with an expired driver's license if the defendant remedies
   1-24  this defect before the date set for the defendant's first
    2-1  appearance, which shall not be less than <within> 10 working days.
    2-2  Additionally, the judge, at his discretion, may assess an
    2-3  administrative fee not to exceed $10 when the charge of driving
    2-4  with an expired driver's license has been remedied.
    2-5        SECTION 3.  Section 108, Uniform Act Regulating Traffic on
    2-6  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
    2-7  by adding Subsection (e) to read as follows:
    2-8        (e)  A justice of the peace or municipal court judge who has
    2-9  jurisdiction of the offense may dismiss a charge under Subsection
   2-10  (a-1) or (a-2) of this section if the defendant remedies this
   2-11  defect before the date set for the defendant's first appearance,
   2-12  which shall not be less than 10 working days.  Additionally, the
   2-13  court may assess an administrative fee not to exceed $10 when the
   2-14  charge has been remedied.
   2-15        SECTION 4.  Section 140(g), Uniform Act Regulating Traffic on
   2-16  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   2-17  to read as follows:
   2-18        (g)  Any person operating a motor vehicle on the highways of
   2-19  this State, other than a vehicle licensed in another State and
   2-20  being temporarily and legally operated under a valid reciprocity
   2-21  agreement, in violation of the provisions of this Act or any rule
   2-22  adopted under this Act or without displaying a valid inspection
   2-23  certificate or having equipment which does not comply with the
   2-24  provisions of Article XIV of this Act is guilty of a misdemeanor
   2-25  and on conviction shall be punished as provided in Section 143 of
   2-26  this Act. A judge, at his discretion, may dismiss the charge of
   2-27  driving with an expired vehicle inspection certificate if the
    3-1  defendant remedies this defect before the date set for the
    3-2  defendant's first appearance, which shall not be less than <within>
    3-3  10 working days.  Additionally, the judge, at his discretion, may
    3-4  assess an administrative fee not to exceed $10 when the charge of
    3-5  driving with an expired vehicle inspection certificate has been
    3-6  remedied.
    3-7        SECTION 5.  Sections 143A(a-3) and (c), Uniform Act
    3-8  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
    3-9  Statutes), are amended to read as follows:
   3-10        (a-3)  A request to take a driving safety course shall
   3-11  constitute an appearance in compliance with such person's written
   3-12  promise to appear in court, as provided in Section 148 of this Act,
   3-13  if the person's request is made on or before the time and place
   3-14  when and where such person shall appear in court.  If the person
   3-15  fails to furnish evidence of the successful completion of the
   3-16  driving safety course to the court, the court shall notify the
   3-17  person who made the request, in writing, mailed to the address
   3-18  appearing on the citation, of the person's failure to furnish such
   3-19  evidence to the court, and require the person to appear at the time
   3-20  and place stated in the notice to show cause why the evidence of
   3-21  the successful completion of the driving safety course was not
   3-22  timely submitted to the court.  In the event the person fails to
   3-23  appear and show cause, the court shall impose final judgment on the
   3-24  person's plea of No Contest or Guilty <Failure to appear at the
   3-25  time and place stated in the notice shall constitute an offense
   3-26  which shall be punishable in the same manner as provided in Section
   3-27  149 of this Act>; provided, however, the court may, upon a showing
    4-1  of good cause for failure to furnish such evidence to the court
    4-2  made by the person so charged, allow an extension of time during
    4-3  which the person shall present a uniform certificate of course
    4-4  completion as evidence that the person has successfully completed
    4-5  the driving safety course.
    4-6        (c)  The court may require the person requesting a driving
    4-7  safety course to pay a fee set by the court at an amount that does
    4-8  not exceed $25 <$10> including any special fees authorized by
    4-9  statute or municipal ordinance to cover the cost of administering
   4-10  this section.  Fees collected under this subsection by a municipal
   4-11  court shall be deposited in the municipal treasury.  Fees collected
   4-12  by other courts shall be deposited in the county treasury of the
   4-13  county in which the court is located.  If the person requesting a
   4-14  driving safety course does not take the course, the person is not
   4-15  entitled to a refund of the fee required by this subsection.
   4-16        SECTION 6.  This Act takes effect September 1, 1995.  The
   4-17  change in law made by this Act applies only to an offense committed
   4-18  on or after that date.  An offense committed before the effective
   4-19  date of this Act is covered by the law in effect when the offense
   4-20  was committed, and the former law is continued in effect for that
   4-21  purpose.  For purposes of this section, an offense was committed
   4-22  before the effective date of this Act if any element of the offense
   4-23  occurred before that date.
   4-24        SECTION 7.  The importance of this legislation and the
   4-25  crowded condition of the calendars in both houses create an
   4-26  emergency and an imperative public necessity that the
   4-27  constitutional rule requiring bills to be read on three several
    5-1  days in each house be suspended, and this rule is hereby suspended.