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."