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.