Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Haggerty H.B. No. 3022
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of a person for the mandatory deferral
1-3 of a speeding offense.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 543.103, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 543.103. Mandatory Deferral. (a) Subject to
1-8 Subsection (b), the [The] court shall defer proceedings and allow a
1-9 person:
1-10 (1) 90 days to take a driving safety course approved
1-11 under the Texas Driver and Traffic Safety Education Act (Article
1-12 4413(29c), Vernon's Texas Civil Statutes) or, if the offense was
1-13 committed while operating a motorcycle, a motorcycle operator
1-14 training course approved by the department under Chapter 662; and
1-15 (2) 30 additional days to present:
1-16 (A) a uniform certificate of course completion
1-17 as written evidence that after the alleged violation the person
1-18 successfully completed the [a] driving safety course; or
1-19 (B) written evidence that after the alleged
1-20 violation the person successfully completed the motorcycle operator
1-21 training course.
1-22 (b) Subsection (a) applies only [approved under the Texas
1-23 Driver and Traffic Safety Education Act (Article 4413(29c),
1-24 Vernon's Texas Civil Statutes)] if:
2-1 (1) the person enters a plea in person or in writing
2-2 of no contest or guilty and, before the answer date on the notice
2-3 to appear [citation]:
2-4 (A) presents in person to the court an oral or
2-5 written request to take a course; or
2-6 (B) sends to the court by certified mail, return
2-7 receipt requested, postmarked on or before the answer date on the
2-8 notice to appear, a written request to take a course;
2-9 (2) the court enters judgment on the person's plea of
2-10 no contest or guilty at the time the plea is made but defers
2-11 imposition of the judgment for 120 [90] days;
2-12 (3) the person has a Texas driver's license or permit;
2-13 (4) the person's driving record as maintained by the
2-14 department does not show successful completion of a driving safety
2-15 course or a motorcycle operator training course, as appropriate,
2-16 under this section within one year before the date of the alleged
2-17 violation;
2-18 (5) the person files an affidavit with the court
2-19 stating that the person is not taking a course under this section
2-20 and has not completed a course under this section that is not shown
2-21 on the person's driving record;
2-22 (6) the person is charged with an offense to which
2-23 this subchapter applies other than speeding more than 15 [25] miles
2-24 per hour [or more] over the posted speed limit; and
2-25 (7) the person provides evidence of financial
2-26 responsibility as required by Chapter 601.
2-27 (c) [(b)] Notwithstanding Subsection (b)(1) [(a)(1)], on a
2-28 written motion submitted to the court before the final disposition
2-29 of the case, the court may grant a request to take a driving safety
2-30 course or a motorcycle operator training course under this section.
3-1 SECTION 2. (a) In addition to the substantive changes in
3-2 law made by this Act, this Act amends Section 543.103,
3-3 Transportation Code, to conform to the changes in the law made by
3-4 Section 1, Chapter 334, and Section 28, Chapter 1009, Acts of the
3-5 74th Legislature, Regular Session, 1995.
3-6 (b) To the extent of any conflict, this Act prevails over
3-7 another Act of the 75th Legislature, Regular Session, 1997,
3-8 relating to nonsubstantive additions to and corrections in enacted
3-9 codes.
3-10 SECTION 3. This Act takes effect September 1, 1997. The
3-11 change in law made by this Act applies only to a person's
3-12 eligibility to complete a driving safety course for a speeding
3-13 offense committed on or after September 1, 1997. A person's
3-14 eligibility to complete a driving safety course for a speeding
3-15 offense committed before September 1, 1997, is covered by the law
3-16 in effect when the offense was committed, and the former law is
3-17 continued in effect for that purpose.
3-18 SECTION 4. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.