SRC-SLL S.B. 1657 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1657
By: Shapiro
Jurisprudence
4-17-97
As Filed


DIGEST 

Currently,  an individual may not take a driving safety course if charged
with an offense of speeding 25 miles per hour (mph) or more over the speed
limit.  An individual cited for going less than 25 mph over the posted
speed limit may be eligible to take a driving safety course.  This
legislation would prohibit an individual from being eligible to take a
driving safety course to dismiss record violations in which the individual
was speeding at more than 15 mph over the posted speed limit. 

PURPOSE

As proposed, S.B. 1657 provides new regulations regarding the eligibility
of a person for the mandatory deferral of a speeding offense. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 543.103, Transportation Code, to require a
court, subject to Subsection (b), to defer proceedings and allow a person
90 days to take a driving safety course or, if the offense was committed
while operating a motorcycle, a motorcycle operator training course and 30
additional days to present a uniform certificate of course completion as
written evidence that after the alleged violation the person successfully
completed the driving safety course or written evidence that after the
alleged violation the person successfully completed the motorcycle
operator training course.  Provides that Subsection (a) applies only if
the court enters a judgment on the person's plea of no contest or guilty
at the time the plea is made but defers imposition of the judgment for 120
days, rather than 90 days, and the person is charged with an offense to
which this subchapter applies other than speeding more than 15 miles per
hour, rather than 25 miles per hour, over the posted speed limit, among
other requirements.  Makes conforming and nonsubstantive changes. 

SECTION 2. (a) Provides that, in addition to the substantive changes in
law made by this Act, this Act amends Section 543.103, Transportation
Code, to conform to the changes in the law made by Section 1, Chapter 334,
and Section 28, Chapter 1009, Acts of the 74th Legislature, Regular
Session, 1995. 

(b)  Provides that, to the extent of any conflict, this Act prevails over
another Act of the 75th Legislature, Regular Session, 1997, relating to
nonsubstantive additions to and corrections in enacted codes. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.