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.