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 * * * * *