By:  Nixon                                    S.B. No. 507

         97S0343/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to certain traffic law violations; providing penalties.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Sections 543.102 and 543.103, Transportation

 1-4     Code, are amended to conform to Section 1, Chapter 334, Acts of the

 1-5     74th Legislature, 1995, and further amended to read as follows:

 1-6           Sec. 543.102.  Notice of Right to Complete Course.  The court

 1-7     shall advise a person charged with a misdemeanor under this

 1-8     subtitle, committed while operating a motor vehicle, of the

 1-9     person's right to successfully complete a driving safety course or,

1-10     if the offense was committed while operating a motorcycle, a

1-11     motorcycle operator training course.  The right to complete a

1-12     course does not apply to a person charged with:

1-13                 (1)  a violation of Section 545.066, 545.401, 545.421,

1-14     550.022, or 550.023;

1-15                 (2)  [or] a serious traffic violation as defined by

1-16     Section 522.003; or

1-17                 (3)  speeding, if the complaint or notice to appear

1-18     alleges that the person was driving at a speed of more than 90

1-19     miles per hour on a 70-mile-per-hour highway.

1-20           Sec. 543.103.  MANDATORY DEFERRAL.  (a)  Subject to

1-21     Subsection (b), the [The] court shall defer proceedings and allow a

1-22     person:

1-23                 (1)  90 days to take a driving safety course approved

 2-1     under the Texas Driver and Traffic Safety Education Act (Article

 2-2     4413(29c), Vernon's Texas Civil Statutes) or, if the offense was

 2-3     committed while operating a motorcycle, a motorcycle operator

 2-4     training course approved by the department under Chapter 662; and

 2-5                 (2)  30 additional days to present:

 2-6                       (A)  a uniform certificate of course completion

 2-7     as written evidence that after the alleged violation the person

 2-8     successfully completed the [a] driving safety course; or

 2-9                       (B)  written evidence that after the alleged

2-10     violation the person successfully completed the motorcycle operator

2-11     training course.

2-12           (b)  Subsection (a) applies only [approved under the Texas

2-13     Driver and Traffic Safety Education Act (Article 4413(29c),

2-14     Vernon's Texas Civil Statutes)] if:

2-15                 (1)  the person enters a plea in person or in writing

2-16     of no contest or guilty and, before the answer date on the notice

2-17     to appear [citation]:

2-18                       (A)  presents in person to the court an oral or

2-19     written request to take a course; or

2-20                       (B)  sends to the court by [certified] mail[,

2-21     return receipt requested], postmarked on or before the answer date

2-22     on the notice to appear, a written request to take a course;

2-23                 (2)  the court enters judgment on the person's plea of

2-24     no contest or guilty at the time the plea is made but defers

2-25     imposition of the judgment for 90 days;

 3-1                 (3)  the person has a Texas driver's license or permit;

 3-2                 (4)  the person's driving record as maintained by the

 3-3     department does not show successful completion of a driving safety

 3-4     course or a motorcycle operator training course, as appropriate,

 3-5     under this section within one year before the date of the alleged

 3-6     violation;

 3-7                 (5)  the person files an affidavit with the court

 3-8     stating that the person is not taking a course under this section

 3-9     and has not completed a course under this section that is not shown

3-10     on the person's driving record;

3-11                 (6)  the person is charged with an offense to which

3-12     this subchapter applies other than speeding 25 miles per hour or

3-13     more over the posted speed limit; and

3-14                 (7)  the person provides evidence of financial

3-15     responsibility as required by Chapter 601.

3-16           (c) [(b)]  Notwithstanding Subsection (b)(1) [(a)(1)], on a

3-17     written motion submitted to the court before the final disposition

3-18     of the case, the court may grant a request to take a driving safety

3-19     course or a motorcycle operator training course under this section.

3-20           SECTION 2.  Subsection (a), Section 543.106, Transportation

3-21     Code, is amended to read as follows:

3-22           (a)  The court may require a person requesting a driving

3-23     safety course to pay a fee set by the court at an amount of not

3-24     more than $25 [$10], including any other fee authorized by statute

3-25     or municipal ordinance, to cover the cost of administering this

 4-1     subchapter.

 4-2           SECTION 3.  Subchapter H, Chapter 545, Transportation Code,

 4-3     is amended by adding Section 545.366 to read as follows:

 4-4           Sec. 545.366.  PENALTY FOR SPEEDING ON 70-MILE-PER-HOUR

 4-5     HIGHWAY.  An offense of speeding on a portion of a highway for

 4-6     which the applicable speed limit is 70 miles per hour is a

 4-7     misdemeanor punishable by a fine of not more than $400.

 4-8           SECTION 4.  Section 729.001, Transportation Code, is amended

 4-9     by amending Subsection (c) and adding Subsection (d) to read as

4-10     follows:

4-11           (c)  Except as provided by Subsection (d), an [An] offense

4-12     under this section is a misdemeanor punishable by a fine not to

4-13     exceed $100.

4-14           (d)  An offense under this section of speeding on a portion

4-15     of a highway for which the applicable speed limit is 70 miles per

4-16     hour is a misdemeanor punishable by a fine of not more than $400.

4-17           SECTION 5.  In addition to the substantive changes in law

4-18     made by this Act, this Act conforms Sections 543.102 and 543.103,

4-19     Transportation Code, to the changes in law made by Section 1,

4-20     Chapter 334, Acts of the 74th Legislature, 1995.  To the extent of

4-21     any conflict, this Act prevails over another Act of the 75th

4-22     Legislature, Regular Session, 1997, relating to nonsubstantive

4-23     additions to or corrections in enacted codes.

4-24           SECTION 6.  (a)  The changes in law made by this Act apply

4-25     only to an offense committed on or after the effective date of this

 5-1     Act.  For the purposes of this section, an offense is committed

 5-2     before the effective date of this Act if any element of the offense

 5-3     occurs before that date.

 5-4           (b)  An offense committed before the effective date of this

 5-5     Act is governed by the law in effect when the offense was

 5-6     committed, and the former law is continued in effect for that

 5-7     purpose.

 5-8           SECTION 7.  This Act takes effect September 1, 1997.

 5-9           SECTION 8.  The importance of this legislation and the

5-10     crowded condition of the calendars in both houses create an

5-11     emergency and an imperative public necessity that the

5-12     constitutional rule requiring bills to be read on three several

5-13     days in each house be suspended, and this rule is hereby suspended.