1-1  By:  Luna                                              S.B. No. 645
    1-2        (In the Senate - Filed February 17, 1995; February 20, 1995,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  March 6, 1995, reported favorably by the following vote:  Yeas 13,
    1-5  Nays 0; March 6, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to dismissal of certain traffic offenses on completion of
    1-9  a motorcycle operator training course.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subsection (a), Section 143A, Uniform Act
   1-12  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   1-13  Statutes), is amended to read as follows:
   1-14        (a)  When a person is charged with a misdemeanor offense
   1-15  under this Act, other than a violation of Section 39, 40, 51, 104,
   1-16  or 186 or a serious traffic violation as defined in Section 3(26),
   1-17  Texas Commercial Driver's License Act (Article 6687b-2, Revised
   1-18  Statutes), committed while operating a motor vehicle, the defendant
   1-19  shall be advised by the court of his right to successfully complete
   1-20  a driving safety course or motorcycle operator training course, as
   1-21  appropriate, and the court:
   1-22              (1)  in its discretion may defer proceedings and allow
   1-23  the person 90 days to present a uniform certificate of course
   1-24  completion as evidence that, subsequent to the alleged act, the
   1-25  person has successfully completed a driving safety course approved
   1-26  under the Texas Driver and Traffic Safety Education Act (Article
   1-27  4413(29c), Vernon's Texas Civil Statutes) or, if the alleged act
   1-28  was committed while operating a motorcycle, a motorcycle operator
   1-29  training course approved by the department under Article 6701c-4,
   1-30  Revised Statutes; or
   1-31              (2)  shall defer proceedings and allow the person 90
   1-32  days to present a uniform certificate of course completion as
   1-33  written evidence that, subsequent to the alleged act, the person
   1-34  has successfully completed a driving safety course approved under
   1-35  the Texas Driver and Traffic Safety Education Act (Article
   1-36  4413(29c), Vernon's Texas Civil Statutes) or, if the alleged act
   1-37  was committed while operating a motorcycle, a motorcycle operator
   1-38  training course approved by the department under Article 6701c-4,
   1-39  Revised Statutes, if:
   1-40                    (A)  the person enters a plea in person or in
   1-41  writing of No Contest or Guilty and presents to the court an oral
   1-42  request or a written request, in person or by mail postmarked on or
   1-43  before the answer date on the citation, to take a course;
   1-44                    (B)  the court enters judgment on the person's
   1-45  plea of No Contest or Guilty at the time the plea is made but
   1-46  defers imposition of the judgment for 90 days;
   1-47                    (C)  the person has a valid Texas driver's
   1-48  license or permit;
   1-49                    (D)  the person's driving record as maintained by
   1-50  the Texas Department of Public Safety does not indicate successful
   1-51  completion of a driving safety course or motorcycle operator
   1-52  training course, as appropriate, under this subdivision within the
   1-53  one year immediately preceding the date of the alleged offense;
   1-54                    (E)  the person files an affidavit with the court
   1-55  stating that the person is not in the process of taking a course
   1-56  under this subdivision and has not completed a course under this
   1-57  subdivision that is not yet reflected on the person's driving
   1-58  record;
   1-59                    (F)  the offense charged is for an offense
   1-60  covered by this section other than speeding 25 miles per hour or
   1-61  more over the posted speed limit at the place where the alleged
   1-62  offense occurred; and
   1-63                    (G)  the person provides proof of financial
   1-64  responsibility as required by Section 1A, Texas Motor Vehicle
   1-65  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   1-66  Statutes).
   1-67        SECTION 2.  The importance of this legislation and the
   1-68  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended,
    2-4  and that this Act take effect and be in force from and after its
    2-5  passage, and it is so enacted.
    2-6                               * * * * *