By Solomons H.B. No. 2483
74R5300 JD-D
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,
1-10 before the date set for the defendant's first appearance before the
1-11 court, the defendant remedies this defect within 10 working days
1-12 and establishes that the additional charge under Section 3a,
1-13 Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called
1-14 Session, 1929 (Article 6675a-3a, Vernon's Texas Civil Statutes),
1-15 has been paid. Additionally, the judge, at his discretion, may
1-16 assess an administrative fee not to exceed $10 when the charge of
1-17 driving with an expired motor vehicle registration has been
1-18 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, before the date set
1-24 for the defendant's first appearance before the court, the
2-1 defendant remedies this defect 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, before the date set for the
2-11 defendant's first appearance before the court, the defendant
2-12 remedies the defect within 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, before
3-1 the date set for the defendant's first appearance before the court,
3-2 the defendant remedies this defect within 10 working days.
3-3 Additionally, the judge, at his discretion, may assess an
3-4 administrative fee not to exceed $10 when the charge of driving
3-5 with an expired vehicle inspection certificate has been remedied.
3-6 SECTION 5. Sections 143A(a), (a-3), and (c), Uniform Act
3-7 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-8 Statutes), are amended to read as follows:
3-9 (a) When a person is charged with a misdemeanor offense
3-10 under this Act, other than a violation of Section 39, 40, 51, 104,
3-11 or 186 or a serious traffic violation as defined in Section 3(26),
3-12 Texas Commercial Driver's License Act (Article 6687b-2, Revised
3-13 Statutes), committed while operating a motor vehicle, the defendant
3-14 shall be advised by the court of his right to successfully complete
3-15 a driving safety course and the court:
3-16 (1) in its discretion may defer proceedings and allow
3-17 the person 90 days to present a uniform certificate of course
3-18 completion as evidence that, subsequent to the alleged act, the
3-19 person has successfully completed a driving safety course approved
3-20 under the Texas Driver and Traffic Safety Education Act (Article
3-21 4413(29c), Vernon's Texas Civil Statutes); or
3-22 (2) shall defer proceedings and allow the person 90
3-23 days to present a uniform certificate of course completion as
3-24 written evidence that, subsequent to the alleged act, the person
3-25 has successfully completed a driving safety course approved under
3-26 the Texas Driver and Traffic Safety Education Act (Article
3-27 4413(29c), Vernon's Texas Civil Statutes), if:
4-1 (A) the person enters a plea in person or in
4-2 writing of No Contest or Guilty and presents to the court an oral
4-3 request or a written request, in person or by mail postmarked on or
4-4 before the answer date on the citation, to take a course;
4-5 (B) the court enters judgment on the person's
4-6 plea of No Contest or Guilty at the time the plea is made but
4-7 defers imposition of the judgment for 90 days;
4-8 (C) the person has a valid Texas driver's
4-9 license or permit;
4-10 (D) the person's driving record as maintained by
4-11 the Texas Department of Public Safety does not indicate successful
4-12 completion of a driving safety course under this subdivision within
4-13 the two years <one year> immediately preceding the date of the
4-14 alleged offense;
4-15 (E) the person files an affidavit with the court
4-16 stating that the person is not in the process of taking a course
4-17 under this subdivision and has not completed a course under this
4-18 subdivision that is not yet reflected on the person's driving
4-19 record;
4-20 (F) the offense charged is for an offense
4-21 covered by this section other than speeding 25 miles per hour or
4-22 more over the posted speed limit at the place where the alleged
4-23 offense occurred; and
4-24 (G) the person provides proof of financial
4-25 responsibility as required by Section 1A, Texas Motor Vehicle
4-26 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
4-27 Statutes).
5-1 (a-3) A request to take a driving safety course shall
5-2 constitute an appearance in compliance with such person's written
5-3 promise to appear in court, as provided in Section 148 of this Act,
5-4 if the person's request is made on or before the time and place
5-5 when and where such person shall appear in court. If the person
5-6 fails to furnish evidence of the successful completion of the
5-7 driving safety course to the court, the court shall notify the
5-8 person who made the request, in writing, mailed to the address
5-9 appearing on the citation, of the person's failure to furnish such
5-10 evidence to the court, and require the person to appear at the time
5-11 and place stated in the notice to show cause why the evidence of
5-12 the successful completion of the driving safety course was not
5-13 timely submitted to the court. Failure to appear at the time and
5-14 place stated in the notice shall constitute an offense which shall
5-15 be punishable in the same manner as provided in Section 149 of this
5-16 Act, and the court shall enter judgment on the person's plea of No
5-17 Contest or Guilty<; provided, however, the court may, upon a
5-18 showing of good cause for failure to furnish such evidence to the
5-19 court made by the person so charged, allow an extension of time
5-20 during which the person shall present a uniform certificate of
5-21 course completion as evidence that the person has successfully
5-22 completed the driving safety course>.
5-23 (c) The court may require the person requesting a driving
5-24 safety course to pay a fee set by the court at an amount that does
5-25 not exceed $25 <$10> including any special fees authorized by
5-26 statute or municipal ordinance to cover the cost of administering
5-27 this section. Fees collected under this subsection by a municipal
6-1 court shall be deposited in the municipal treasury. Fees collected
6-2 by other courts shall be deposited in the county treasury of the
6-3 county in which the court is located. If the person requesting a
6-4 driving safety course does not take the course, the person is not
6-5 entitled to a refund of the fee required by this subsection.
6-6 SECTION 6. This Act takes effect September 1, 1995. The
6-7 change in law made by this Act applies only to an offense committed
6-8 on or after that date. An offense committed before the effective
6-9 date of this Act is covered by the law in effect when the offense
6-10 was committed, and the former law is continued in effect for that
6-11 purpose. For purposes of this section, an offense was committed
6-12 before the effective date of this Act if any element of the offense
6-13 occurred before that date.
6-14 SECTION 7. The importance of this legislation and the
6-15 crowded condition of the calendars in both houses create an
6-16 emergency and an imperative public necessity that the
6-17 constitutional rule requiring bills to be read on three several
6-18 days in each house be suspended, and this rule is hereby suspended.