By Uher                                               H.B. No. 2095

         75R6880 DWS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the requirement of a driving safety course for renewal

 1-3     of certain persons' driver's licenses.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter M, Chapter 521, Transportation Code,

 1-6     is amended by adding Section 521.275 to read as follows:

 1-7           Sec. 521.275.  DRIVING SAFETY COURSE.  (a)  The department

 1-8     may not renew the driver's license of an applicant who as of the

 1-9     date of the application is a habitual violator unless the applicant

1-10     successfully completed a driving safety course approved under the

1-11     Texas Driver and Traffic Safety Education Act (Article 4413(29c),

1-12     Vernon's Texas Civil Statutes) during the year preceding the date

1-13     of the application.

1-14           (b)  For the purposes of this section, a "habitual violator"

1-15     is a person described by Section 521.294(h).

1-16           SECTION 2.  The change in law made by this Act applies only

1-17     to  the renewal of a driver's license for which an application is

1-18     filed on or after the effective date of this Act.  A renewal for

1-19     which an application is filed before the effective date of this Act

1-20     is governed by the law in effect when the application was filed,

1-21     and the former law is continued in effect for that purpose.

1-22           SECTION 3.  This Act takes effect September 1, 1997.

1-23           SECTION 4.  The importance of this legislation and the

1-24     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                          COMMITTEE AMENDMENT NO. 1

 2-5           Amend H.B. No. 2095 as follows:

 2-6           (1)  Add the following appropriately numbered sections and

 2-7     renumber sections appropriately:

 2-8           SECTION ___.  Section 543.106(a), Transportation Code, is

 2-9     amended to read as follows:

2-10           (a)  The court may require a person requesting a driving

2-11     safety course to pay a fee set by the court at an amount of not

2-12     more than $10, including any other fee authorized by statute or

2-13     municipal ordinance, to cover the cost of administering this

2-14     subchapter, plus an additional fee set by the court at an amount to

2-15     cover the cost of making the report required by Section 543.110(c).

2-16           SECTION ___.  Section 543.110, Transportation Code, is

2-17     amended by adding Subsection (c) to read as follows:

2-18           (c)  For each charge dismissed under this subchapter, the

2-19     court shall report to the department the name of the person charged

2-20     and, if the person holds a driver's license, the person's driver's

2-21     license number.

2-22           SECTION ___.  Article 45.54, Code of Criminal Procedure,  is

2-23     amended by adding Section (7) to read as follows:

2-24           (7)  For each complaint dismissed under this article, the

2-25     justice shall report to the Department of Public Safety the name of

2-26     the defendant and, if the defendant holds a driver's license, the

2-27     defendant's driver's license number. The justice may require the

 3-1     defendant to pay a fee set by the justice at an amount  to cover

 3-2     the cost of making the report.

 3-3           SECTION ___.  (a)  The changes in law made by this Act to

 3-4     Chapter 543, Transportation Code, and Article 45.54, Code of

 3-5     Criminal Procedure, apply only to an offense committed on or after

 3-6     the effective date of this Act.  For the purposes of this section,

 3-7     an offense is committed before the effective date of this Act if

 3-8     any element of the offense occurs before that date.

 3-9           (b)  An offense committed before the effective date of this

3-10     Act is governed by the law in effect when the offense was

3-11     committed, and the former law is continued in effect for that

3-12     purpose.

3-13           (2)  On page 1, line 16, between "Act" and "applies", insert

3-14     "by adding Section 521.275 to the Transportation Code"

3-15     75R11292 DWS-D                                               Oakley

3-16                          COMMITTEE AMENDMENT NO. 2

3-17           Amend H.B. No. 2095 as follows:

3-18           (1)  Add the following appropriately numbered sections and

3-19     renumber subsequent sections appropriately:

3-20           SECTION ____.  Subchapter H, Chapter 545, Transportation

3-21     Code, is amended by adding Section 545.367 to read as follows:

3-22           Sec. 545.367.  DRIVING SAFETY COURSE FOR CERTAIN SPEEDING

3-23     OFFENSES.  If it is established that a person convicted of an

3-24     offense under this subchapter was driving at a speed greater than

3-25     90 miles per hour, the court shall order the person, in addition to

3-26     any penalty imposed, to successfully complete a driving safety

3-27     course approved under the Texas Driver and Traffic Safety Education

 4-1     Act (Article 4413(29c), Vernon's Texas Civil Statutes).

 4-2           SECTION ___.  (a)  The change in law made by this Act by

 4-3     adding Section 545.367 to the Transportation Code applies only to

 4-4     an offense committed on or after the effective date of this Act.

 4-5     For the purposes of this section, an offense is committed before

 4-6     the effective date of this Act if any element of the offense occurs

 4-7     before that date.

 4-8           (b)  An offense committed before the effective date of this

 4-9     Act is governed by the law in effect when the offense was

4-10     committed, and the former law is continued in effect for that

4-11     purpose.

4-12           (2)  On page 1, line 16, between "Act" and "applies", insert

4-13     "by adding Section 521.275 to the Transportation Code"

4-14     75R11774 DWS-D                                               Oakley