By Place                                              H.B. No. 2728
       74R7879 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the period in which a person charged with certain
    1-3  traffic offenses is entitled to request a driving safety course for
    1-4  the purpose of obtaining a dismissal of the charge.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Sections 143A(a) and (a-1), Uniform Act
    1-7  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
    1-8  Statutes), are amended to read as follows:
    1-9        (a)  When a person is charged with a misdemeanor offense
   1-10  under this Act, other than a violation of Section 39, 40, 51, 104,
   1-11  or 186 or a serious traffic violation as defined in Section 3(26),
   1-12  Texas Commercial Driver's License Act (Article 6687b-2, Revised
   1-13  Statutes), committed while operating a motor vehicle, the defendant
   1-14  shall be advised by the court of his right to successfully complete
   1-15  a driving safety course and the court:
   1-16              (1)  in its discretion may defer proceedings and allow
   1-17  the person 90 days to present a uniform certificate of course
   1-18  completion as evidence that, subsequent to the alleged act, the
   1-19  person has successfully completed a driving safety course approved
   1-20  under the Texas Driver and Traffic Safety Education Act (Article
   1-21  4413(29c), Vernon's Texas Civil Statutes); or
   1-22              (2)  shall defer proceedings and allow the person 90
   1-23  days to present a uniform certificate of course completion as
   1-24  written evidence that, subsequent to the alleged act, the person
    2-1  has successfully completed a driving safety course approved under
    2-2  the Texas Driver and Traffic Safety Education Act (Article
    2-3  4413(29c), Vernon's Texas Civil Statutes), if:
    2-4                    (A)  the person enters a plea in person or in
    2-5  writing of No Contest or Guilty and presents to the court an oral
    2-6  request or a written request, in person or by mail <postmarked on
    2-7  or before the answer date on the citation>, to take a course;
    2-8                    (B)  the court enters judgment on the person's
    2-9  plea of No Contest or Guilty at the time the plea is made but
   2-10  defers imposition of the judgment for 90 days;
   2-11                    (C)  the person has a valid Texas driver's
   2-12  license or permit;
   2-13                    (D)  the person's driving record as maintained by
   2-14  the Texas Department of Public Safety does not indicate successful
   2-15  completion of a driving safety course under this subdivision within
   2-16  the one year immediately preceding the date of the alleged offense;
   2-17                    (E)  the person files an affidavit with the court
   2-18  stating that the person is not in the process of taking a course
   2-19  under this subdivision and has not completed a course under this
   2-20  subdivision that is not yet reflected on the person's driving
   2-21  record;
   2-22                    (F)  the offense charged is for an offense
   2-23  covered by this section other than speeding 25 miles per hour or
   2-24  more over the posted speed limit at the place where the alleged
   2-25  offense occurred; and
   2-26                    (G)  the person provides proof of financial
   2-27  responsibility as required by Section 1A, Texas Motor Vehicle
    3-1  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
    3-2  Statutes).
    3-3        (a-1)  A written request to take a driving safety course
    3-4  under Subsection (a)(2) of this section that is mailed must be
    3-5  <timely if it is> sent by certified mail, return receipt
    3-6  requested<, and is postmarked on or before the answer date on the
    3-7  citation>; however, the court may, in its discretion, upon written
    3-8  motion submitted to the court at any time prior to the final
    3-9  disposition of the case, grant a request to take a driving safety
   3-10  course under Subsection (a)(1) or (a)(2) of this section.
   3-11        SECTION 2.  This Act takes effect September 1, 1995.  The
   3-12  change in law made by this Act applies only to an offense committed
   3-13  on or after that date.  An offense committed before the effective
   3-14  date of this Act is covered by the law in effect when the offense
   3-15  was committed, and the former law is continued in effect for that
   3-16  purpose.  For purposes of this section, an offense was committed
   3-17  before the effective date of this Act if any element of the offense
   3-18  occurred before that date.
   3-19        SECTION 3.  The importance of this legislation and the
   3-20  crowded condition of the calendars in both houses create an
   3-21  emergency and an imperative public necessity that the
   3-22  constitutional rule requiring bills to be read on three several
   3-23  days in each house be suspended, and this rule is hereby suspended.