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.