S.B. No. 645 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.