TWT H.B. 1357 75(R)BILL ANALYSIS


TRANSPORTATION
H.B. 1357
By: Giddings
4-5-97
Committee Report (Substituted)



BACKGROUND 

The state legislature is responsible for defining acts that are criminal
under state law and relies primarily on local law enforcement agencies to
enforce and implement those laws. In cases of drivers not possessing a
driver's license or proof of liability insurance an inequity exists when
the state mandates a local governmental entity assume the burden of
enforcing the law, but not allowing the local government a means by which
to recover the costs of administering the statutes. 

PURPOSE

C.S.H.B. 1357  amends the Transportation Code to allow local governments a
means by which to recover the costs of administering the statutes if a
person fails to provide proof of motor vehicle liability insurance and a
valid driver's license at the time of the offense. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 521.025 (d) and (e), Transportation Code, as
follows: 

 (d) Gives a judge authority to dismiss a charge if the person charged
produces in court a driver's license that is issued to that person, is
appropriate for the type of vehicle operated and was valid at the time of
the arrest for the offense. 

 (e) Authorizes a judge who dismisses a charge to impose an administrative
fee, not to exceed $10, on the defendant.   

SECTION 2. Amends Section 601.053, Transportation Code, by adding
Subsections (c) and (d). 

 (c) Makes it an offense, punishable by a fine not to exceed $10, for a
person to refuse or fail to provide evidence of financial responsibility. 

 (d) Authorizes a judge to: (1) dismiss a charge under Subsection (c) if
the defendant produces in court evidence of valid financial responsibility
for the vehicle being operated at the time the alleged offense occurred;
and (2) impose an administrative fee, not to exceed $10, on the defendant. 

SECTION 3. Amends Section 601.191, Transportation Code, by adding
Subsection (e) which authorizes a judge to: (1) dismiss a charge for
failure to produce evidence of financial responsibility if the defendant
produces in court evidence of valid financial responsibility for the
vehicle being operated at the time the alleged offense occurred; and (2)
impose an administrative fee, not to exceed $10, on the defendant. 

SECTION 4. Repeals Section 601.193, Transportation Code, which provided a
defense to prosecution for failing to produce evidence of financial
responsibility. 

 SECTION 5. Effective date --  September 1, 1997. Makes the Act
prospective. 

SECTION 6. Emergency Clause. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. The substitute deletes Section 1 of the original. The change
made by the substitute clarifies that rather than having a "defense to
prosecution", a judge would be authorized to dismiss a charge if a valid
(at the time of the offense) driver's license is produced in court.  

SECTION 2.  The original authorized an administrative fee, not to exceed
$10, for dismissing a charge of not carrying a valid driver's license.
This section has been deleted in the substitute. Section 2 of the
substitute is new.  

SECTION 3. The substitute moves the prospective application section of the
original to Section 5 of the substitute. Section 3 of the substitute is
new. 

SECTION 4. The substitute moves the effective date of the original to
Section 5 of the substitute.  
Section 4 of the substitute repealing Sec. 601.193, Transportation Code,
is new. 

SECTION 5. The substitute moves the emergency clause of the original to
Section 6 of the substitute. Section 5 of the substitute sets the
effective date of this Act as September 1, 1997 and makes application of
the Act prospective. 

SECTION 6. Emergency clause moved from Section 5 of the original.