By: Luna S.B. No. 645
A BILL TO BE ENTITLED
AN ACT
1-1 relating to dismissal of certain traffic offenses on completion of
1-2 a motorcycle operator training course.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 143A, Uniform Act
1-5 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
1-6 Statutes), is amended to read as follows:
1-7 (a) When a person is charged with a misdemeanor offense
1-8 under this Act, other than a violation of Section 39, 40, 51, 104,
1-9 or 186 or a serious traffic violation as defined in Section 3(26),
1-10 Texas Commercial Driver's License Act (Article 6687b-2, Revised
1-11 Statutes), committed while operating a motor vehicle, the defendant
1-12 shall be advised by the court of his right to successfully complete
1-13 a driving safety course or motorcycle operator training course, as
1-14 appropriate, and the court:
1-15 (1) in its discretion may defer proceedings and allow
1-16 the person 90 days to present a uniform certificate of course
1-17 completion as evidence that, subsequent to the alleged act, the
1-18 person has successfully completed a driving safety course approved
1-19 under the Texas Driver and Traffic Safety Education Act (Article
1-20 4413(29c), Vernon's Texas Civil Statutes) or, if the alleged act
1-21 was committed while operating a motorcycle, a motorcycle operator
1-22 training course approved by the department under Article 6701c-4,
1-23 Revised Statutes; or
1-24 (2) shall defer proceedings and allow the person 90
2-1 days to present a uniform certificate of course completion as
2-2 written evidence that, subsequent to the alleged act, the person
2-3 has successfully completed a driving safety course approved under
2-4 the Texas Driver and Traffic Safety Education Act (Article
2-5 4413(29c), Vernon's Texas Civil Statutes) or, if the alleged act
2-6 was committed while operating a motorcycle, a motorcycle operator
2-7 training course approved by the department under Article 6701c-4,
2-8 Revised Statutes, if:
2-9 (A) the person enters a plea in person or in
2-10 writing of No Contest or Guilty and presents to the court an oral
2-11 request or a written request, in person or by mail postmarked on or
2-12 before the answer date on the citation, to take a course;
2-13 (B) the court enters judgment on the person's
2-14 plea of No Contest or Guilty at the time the plea is made but
2-15 defers imposition of the judgment for 90 days;
2-16 (C) the person has a valid Texas driver's
2-17 license or permit;
2-18 (D) the person's driving record as maintained by
2-19 the Texas Department of Public Safety does not indicate successful
2-20 completion of a driving safety course or motorcycle operator
2-21 training course, as appropriate, under this subdivision within the
2-22 one year immediately preceding the date of the alleged offense;
2-23 (E) the person files an affidavit with the court
2-24 stating that the person is not in the process of taking a course
2-25 under this subdivision and has not completed a course under this
2-26 subdivision that is not yet reflected on the person's driving
2-27 record;
3-1 (F) the offense charged is for an offense
3-2 covered by this section other than speeding 25 miles per hour or
3-3 more over the posted speed limit at the place where the alleged
3-4 offense occurred; and
3-5 (G) the person provides proof of financial
3-6 responsibility as required by Section 1A, Texas Motor Vehicle
3-7 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
3-8 Statutes).
3-9 SECTION 2. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.