By: Nixon S.B. No. 507
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain traffic law offenses.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Sections 543.102, 543.103, and 543.104,
1-4 Transportation Code, are amended to conform to Section 1, Chapter
1-5 334, and Section 28, Chapter 1009, Acts of the 74th Legislature,
1-6 1995, and further amended to read as follows:
1-7 Sec. 543.102. NOTICE OF RIGHT TO COMPLETE COURSE. The court
1-8 shall advise a person charged with a misdemeanor under this
1-9 subtitle, committed while operating a motor vehicle, of the
1-10 person's right to successfully complete a driving safety course or,
1-11 if the offense was committed while operating a motorcycle, a
1-12 motorcycle operator training course. The right to complete a
1-13 course does not apply to a person charged with:
1-14 (1) a violation of Section 545.066, 545.401, 545.421,
1-15 550.022, or 550.023;
1-16 (2) [or] a serious traffic violation as defined by
1-17 Section 522.003; or
1-18 (3) speeding, if the complaint or notice to appear
1-19 alleges that the person was driving at a speed of more than 90
1-20 miles per hour on a 70 mile-per-hour highway.
1-21 Sec. 543.103. MANDATORY DEFERRAL. (a) Subject to
1-22 Subsection (b), the [The] court shall defer proceedings and allow a
1-23 person:
2-1 (1) 60 [90] days to take a driving safety course
2-2 approved under the Texas Driver and Traffic Safety Education Act
2-3 (Article 4413 (29c), Vernon's Texas Civil Statutes) or, if this
2-4 offense was committed while operating a motorcycle, a motorcycle
2-5 operator training course approved by the department under Chapter
2-6 662; and
2-7 (2) 30 additional days to present:
2-8 (A) a uniform certificate of course completion
2-9 as written evidence that after the alleged violation the person
2-10 successfully completed the [a] driving safety course; or
2-11 (B) written evidence that after the alleged
2-12 violation the person successfully completed the motorcycle operator
2-13 training course.
2-14 (b) Subsection (a) applies only [approved under the Texas
2-15 Driver and Traffic Safety Education Act (Article 4413(29c),
2-16 Vernon's Texas Civil Statutes)] if:
2-17 (1) the person enters a plea in person or in writing
2-18 of no contest or guilty and, before the answer date on the notice
2-19 to appear [citation]:
2-20 (A) presents in person to the court an oral or
2-21 written request to take a course; or
2-22 (B) sends to the court by certified mail, return
2-23 receipt requested, postmarked on or before the answer date on the
2-24 notice to appear, a written request to take a course;
2-25 (2) the court enters judgment on the person's plea of
3-1 no contest or guilty at the time the plea is made but defers
3-2 imposition of the judgment for the period provided by Subsection
3-3 (a) [90 days];
3-4 (3) the person has a Texas driver's license or permit;
3-5 (4) the person's driving record as maintained by the
3-6 department does not show successful completion of a driving safety
3-7 course or a motorcycle operator training course, as appropriate,
3-8 under this section within one year before the date of the alleged
3-9 violation;
3-10 (5) the person files an affidavit with the court
3-11 stating that the person is not taking a course under this section
3-12 and has not completed a course under this section that is not shown
3-13 on the person's driving record;
3-14 (6) the person is charged with an offense to which
3-15 this subchapter applies other than speeding 25 miles per hour or
3-16 more over the posted speed limit; and
3-17 (7) the person provides evidence of financial
3-18 responsibility as required by Chapter 601.
3-19 (c) [(b)] Notwithstanding Subsection (b)(1) [(a)(1)], on a
3-20 written motion submitted to the court before the final disposition
3-21 of the case, the court may grant a request to take a driving safety
3-22 course or a motorcycle operator training course under this section.
3-23 Sec. 543.104. PERMISSIVE DEFERRAL. On a written motion
3-24 submitted to the court before the final disposition of the case,
3-25 the court may defer proceedings and allow a person:
4-1 (1) 60 [90] days to take a driving safety course
4-2 approved under the Texas Driver and Traffic Safety Education Act
4-3 (Article 4413(29c), Vernon's Texas Civil Statutes) or, if the
4-4 offense was committed while operating a motorcycle, a motorcycle
4-5 operator training course approved by the department under Chapter
4-6 662; and
4-7 (2) 30 additional days to present:
4-8 (A) a uniform certificate of course completion
4-9 as evidence that after the alleged violation the person
4-10 successfully completed the [a] driving safety course; or
4-11 (B) written evidence that after the alleged
4-12 violation the person successfully completed the motorcycle operator
4-13 training course [approved under the Texas Driver and Traffic Safety
4-14 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)].
4-15 SECTION 2. Subsection (a), Section 543.106, Transportation
4-16 Code, is amended to read as follows:
4-17 (a) The court may require a person requesting a driving
4-18 safety course to pay a fee set by the court at an amount of not
4-19 more than $15 [$10], including any other fee authorized by statute
4-20 or municipal ordinance, to cover the cost of administering this
4-21 subchapter.
4-22 SECTION 3. Subchapter H, Chapter 545, Transportation Code,
4-23 is amended by adding Section 545.367 to read as follows:
4-24 Sec. 545.367. DRIVING SAFETY COURSE FOR CERTAIN SPEEDING
4-25 OFFENSES. If it is established that a person convicted of an
5-1 offense under this subchapter was driving at a speed greater than
5-2 90 miles per hour, the court shall order the person, in addition to
5-3 any penalty imposed, to successfully complete a driving safety
5-4 course approved under the Texas Driver and Traffic Safety Education
5-5 Act (Article 4413(29c), Vernon's Texas Civil Statutes). This
5-6 section does not apply to the offense if it occurs within a year of
5-7 the last such offense by the person.
5-8 SECTION 4. Article 42.111, Code of Criminal Procedure, is
5-9 amended to read as follows:
5-10 Art. 42.111. DEFERRAL OF PROCEEDINGS IN CASES APPEALED TO
5-11 COUNTY COURT. If a defendant convicted of a misdemeanor punishable
5-12 by fine only appeals the conviction to a county court, on the trial
5-13 in county court the defendant may enter a plea of guilty or nolo
5-14 contendere to the offense. If the defendant enters a plea of
5-15 guilty or nolo contendere, the court may defer further proceedings
5-16 without entering an adjudication of guilt in the same manner as
5-17 provided for the deferral of proceedings in justice court or
5-18 municipal court under Article 45.54 of this code, including the
5-19 provisions of that article relating to completion of a driving
5-20 safety course for an offense involving the operation of a motor
5-21 vehicle, other than a commercial motor vehicle. This article does
5-22 not apply to a misdemeanor case disposed of by Subchapter B,
5-23 Chapter 543, Transportation Code [Section 143A, Uniform Act
5-24 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
5-25 Statutes)], or a serious traffic violation as defined by Section
6-1 522.003, Transportation Code [in Section 3(26), Texas Commercial
6-2 Driver's License Act (Article 6687b-2, Revised Statutes)].
6-3 SECTION 5. Subdivisions (1), (2), and (3), Article 45.54,
6-4 Code of Criminal Procedure, are amended to read as follows:
6-5 (1) On a plea of guilty or nolo contendere by a defendant or
6-6 on a finding of guilt in a misdemeanor case punishable by fine only
6-7 and payment of all court costs, the justice may defer further
6-8 proceedings without entering an adjudication of guilt and place the
6-9 defendant on probation for a period not to exceed 180 days. This
6-10 article does not apply to a misdemeanor case disposed of by
6-11 Subchapter B, Chapter 543, Transportation Code [Section 143A,
6-12 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
6-13 Texas Civil Statutes)], or a serious traffic violation as defined
6-14 by Section 522.003, Transportation Code [in Section 3(26), Texas
6-15 Commercial Driver's License Act (Article 6687b-2, Revised
6-16 Statutes)].
6-17 (2) During the deferral period, the justice shall require
6-18 the defendant to successfully complete a [Central Education Agency
6-19 approved] driving safety course approved under the Texas Driver and
6-20 Traffic Safety Education Act (Article 4413(29c), Vernon's Texas
6-21 Civil Statutes), if the offense alleged is an offense involving the
6-22 operation of a motor vehicle, other than a commercial motor
6-23 vehicle, as defined by Section 522.003, Transportation Code [in
6-24 Subdivision (6), Section 3, Texas Commercial Driver's License Act
6-25 (Article 6687b-2, Revised Statutes), and the defendant:]
7-1 [(A) has completed an approved driving safety course
7-2 within the preceding 12 months; or]
7-3 [(B) is a first-time offender who elects deferred
7-4 adjudication].
7-5 (3) During said deferral period, the justice may require the
7-6 defendant to:
7-7 (a) post a bond in the amount of the fine assessed to
7-8 secure payment of the fine;
7-9 (b) pay restitution to the victim of the offense in an
7-10 amount not to exceed the fine assessed;
7-11 (c) submit to professional counseling; and
7-12 (d) comply with any other reasonable condition[; and]
7-13 [(e) require the defendant to successfully complete a
7-14 Central Education Agency approved driving safety course, if:]
7-15 [(1) the offense alleged is an offense involving
7-16 the operation of a motor vehicle, other than a commercial motor
7-17 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
7-18 Driver's License Act (Article 6687b-2, Revised Statutes); and]
7-19 [(2) the defendant has not completed an approved
7-20 driving safety course within the preceding 12 months].
7-21 SECTION 6. In addition to the substantive changes in law
7-22 made by this Act, this Act conforms Sections 543.102, 543.103, and
7-23 543.104, Transportation Code, to the changes in law made by Section
7-24 1, Chapter 334, and Section 28, Chapter 1009, Acts of the 74th
7-25 Legislature, 1995.
8-1 SECTION 7. (a) The changes in law made by this Act apply
8-2 only to an offense committed on or after the effective date of this
8-3 Act. For the purposes of this section, an offense is committed
8-4 before the effective date of this Act if any element of the offense
8-5 occurs before that date.
8-6 (b) An offense committed before the effective date of this
8-7 Act is governed by the law in effect when the offense was
8-8 committed, and the former law is continued in effect for that
8-9 purpose.
8-10 SECTION 8. This Act takes effect September 1, 1997.
8-11 SECTION 9. The importance of this legislation and the
8-12 crowded condition of the calendars in both houses create an
8-13 emergency and an imperative public necessity that the
8-14 constitutional rule requiring bills to be read on three several
8-15 days in each house be suspended, and this rule is hereby suspended.