JWW H.B. 2095 75(R)BILL ANALYSIS PUBLIC SAFETY H.B. 2095 By: Uher 5-1-97 Committee Report (Amended) BACKGROUND Currently Texas law requires that a driver renew his license every four years. If that driver has no violations on his record, then the driver is eligible to renew his license by mail. If a driver has a moving traffic violation or serious driving offense on his or her record during that four-year period, the driver is not eligible to renew the license by mail. PURPOSE This bill will encourage drivers with a moving traffic violation or serious driving offense to take a driving safety course instead of just paying the ticket or receiving deferred adjudication, resulting in more educated drivers and safer roads. 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 Subchapter M, Chapter 521, Transportation Code, by adding Section 521.275 DRIVING SAFETY COURSES. (a) The department may not renew the driver's license of a habitual violator unless that person has completed a driver's safety course in the preceding year. (b) Defines habitual violator. SECTION 2. Applies only to persons renewing their licenses on or after the effective date. SECTION 3. Effective Date: September 1, 1997. SECTION 4. Emergency Clause. EXPLANATION OF AMENDMENTS Amendment #1 (1) Adds four sections to the bill. The first section amends Section 543.106(a), Transportation Code, to add that the court may require a person to pay an additional fee set by the court, to cover the cost of making the report required by Section 543.110(c). The second section amends Section 543.110, Transportation Code, by adding Subsection (c), which states that for each dismissed charge, the court will report to the department the name and the driver's license, if applicable, of the person charged. The third section amends Article 45.54, Code of Criminal Procedure, by adding Section (7), which states that for each dismissed complaint, the justice will report to the Department of Public Safety the name and the driver's license, if applicable, of the defendant. The justice may require the defendant to pay a set fee to cover the cost of making the report. The fourth section is added to state that changes made to Chapter 543, Transportation Code, and Article 45.54, Code of Criminal Procedure, apply only to offenses committed on or after the effective date. An offense committed before the effective date of this Act is governed by the law in effect at that time. (2) Adds a reference to Section 521.275, Transportation Code, to the first line of SECTION 2, between "Act" and "applies." Amendment #2 (1) This amendment adds two sections to the bill. The first section adds Section 545.367. DRIVING SAFETY COURSE FOR CERTAIN SPEEDING OFFENSES. Anyone convicted of exceeding the speed limit at a speed greater than 90 m.p.h. must successfully complete a driving safety course approved under the Texas Driver and Traffic Safety Education Act. This requirement will be met regardless of other penalty imposed. The second section is added to state that the change made to Chapter 545.367, Transportation Code applies only to offenses committed on or after the effective date. An offense committed before the effective date of this Act is governed by the law in effect at that time. (2) Adds a reference to Section 521.275, Transportation Code, to the first line of SECTION 2, between "Act" and "applies."