1-1 By: Nixon S.B. No. 507
1-2 (In the Senate - Filed February 10, 1997; February 12, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 April 9, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 3; April 9, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 507 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain traffic law offenses.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Sections 543.102, 543.103, and 543.104,
1-13 Transportation Code, are amended to conform to Section 1, Chapter
1-14 334, and Section 28, Chapter 1009, Acts of the 74th Legislature,
1-15 1995, and further amended to read as follows:
1-16 Sec. 543.102. NOTICE OF RIGHT TO COMPLETE COURSE. The court
1-17 shall advise a person charged with a misdemeanor under this
1-18 subtitle, committed while operating a motor vehicle, of the
1-19 person's right to successfully complete a driving safety course or,
1-20 if the offense was committed while operating a motorcycle, a
1-21 motorcycle operator training course. The right to complete a
1-22 course does not apply to a person charged with:
1-23 (1) a violation of Section 545.066, 545.401, 545.421,
1-24 550.022, or 550.023;
1-25 (2) [or] a serious traffic violation as defined by
1-26 Section 522.003; or
1-27 (3) speeding, if the complaint or notice to appear
1-28 alleges that the person was driving at a speed of more than 90
1-29 miles per hour on a 70 mile-per-hour highway.
1-30 Sec. 543.103. MANDATORY DEFERRAL. (a) Subject to
1-31 Subsection (b), the [The] court shall defer proceedings and allow a
1-32 person:
1-33 (1) 60 [90] days to take a driving safety course
1-34 approved under the Texas Driver and Traffic Safety Education Act
1-35 (Article 4413 (29c), Vernon's Texas Civil Statutes) or, if this
1-36 offense was committed while operating a motorcycle, a motorcycle
1-37 operator training course approved by the department under Chapter
1-38 662; and
1-39 (2) 30 additional days to present:
1-40 (A) a uniform certificate of course completion
1-41 as written evidence that after the alleged violation the person
1-42 successfully completed the [a] driving safety course; or
1-43 (B) written evidence that after the alleged
1-44 violation the person successfully completed the motorcycle operator
1-45 training course.
1-46 (b) Subsection (a) applies only [approved under the Texas
1-47 Driver and Traffic Safety Education Act (Article 4413(29c),
1-48 Vernon's Texas Civil Statutes)] if:
1-49 (1) the person enters a plea in person or in writing
1-50 of no contest or guilty and, before the answer date on the notice
1-51 to appear [citation]:
1-52 (A) presents in person to the court an oral or
1-53 written request to take a course; or
1-54 (B) sends to the court by certified mail, return
1-55 receipt requested, postmarked on or before the answer date on the
1-56 notice to appear, a written request to take a course;
1-57 (2) the court enters judgment on the person's plea of
1-58 no contest or guilty at the time the plea is made but defers
1-59 imposition of the judgment for the period provided by Subsection
1-60 (a) [90 days];
1-61 (3) the person has a Texas driver's license or permit;
1-62 (4) the person's driving record as maintained by the
1-63 department does not show successful completion of a driving safety
1-64 course or a motorcycle operator training course, as appropriate,
2-1 under this section within one year before the date of the alleged
2-2 violation;
2-3 (5) the person files an affidavit with the court
2-4 stating that the person is not taking a course under this section
2-5 and has not completed a course under this section that is not shown
2-6 on the person's driving record;
2-7 (6) the person is charged with an offense to which
2-8 this subchapter applies other than speeding 25 miles per hour or
2-9 more over the posted speed limit; and
2-10 (7) the person provides evidence of financial
2-11 responsibility as required by Chapter 601.
2-12 (c) [(b)] Notwithstanding Subsection (b)(1) [(a)(1)], on a
2-13 written motion submitted to the court before the final disposition
2-14 of the case, the court may grant a request to take a driving safety
2-15 course or a motorcycle operator training course under this section.
2-16 Sec. 543.104. PERMISSIVE DEFERRAL. On a written motion
2-17 submitted to the court before the final disposition of the case,
2-18 the court may defer proceedings and allow a person:
2-19 (1) 60 [90] days to take a driving safety course
2-20 approved under the Texas Driver and Traffic Safety Education Act
2-21 (Article 4413(29c), Vernon's Texas Civil Statutes) or, if the
2-22 offense was committed while operating a motorcycle, a motorcycle
2-23 operator training course approved by the department under Chapter
2-24 662; and
2-25 (2) 30 additional days to present:
2-26 (A) a uniform certificate of course completion
2-27 as evidence that after the alleged violation the person
2-28 successfully completed the [a] driving safety course; or
2-29 (B) written evidence that after the alleged
2-30 violation the person successfully completed the motorcycle operator
2-31 training course [approved under the Texas Driver and Traffic Safety
2-32 Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)].
2-33 SECTION 2. Subsection (a), Section 543.106, Transportation
2-34 Code, is amended to read as follows:
2-35 (a) The court may require a person requesting a driving
2-36 safety course to pay a fee set by the court at an amount of not
2-37 more than $15 [$10], including any other fee authorized by statute
2-38 or municipal ordinance, to cover the cost of administering this
2-39 subchapter.
2-40 SECTION 3. Subchapter H, Chapter 545, Transportation Code,
2-41 is amended by adding Section 545.366 to read as follows:
2-42 Sec. 545.366. PENALTY FOR SPEEDING ON 70 MILE-PER-HOUR
2-43 HIGHWAY. An offense of speeding on a highway where the applicable
2-44 speed limit is 70 miles per hour is a misdemeanor punishable by a
2-45 fine of not more than $400 if it is established that the defendant
2-46 was driving at a speed greater than 90 miles per hour.
2-47 SECTION 4. Subchapter H, Chapter 545, Transportation Code,
2-48 is amended by adding Section 545.367 to read as follows:
2-49 Sec. 545.367. DRIVING SAFETY COURSE FOR CERTAIN SPEEDING
2-50 OFFENSES. If it is established that a person convicted of an
2-51 offense under this subchapter was driving at a speed greater than
2-52 90 miles per hour, the court shall order the person, in addition to
2-53 any penalty imposed, to successfully complete a driving safety
2-54 course approved under the Texas Driver and Traffic Safety Education
2-55 Act (Article 4413(29c), Vernon's Texas Civil Statutes).
2-56 SECTION 5. Section 729.001, Transportation Code, is amended
2-57 by amending Subsection (c) and adding Subsection (d) to read as
2-58 follows:
2-59 (c) Except as provided by Subsection (d), an [An] offense
2-60 under this section is a misdemeanor punishable by a fine not to
2-61 exceed $100.
2-62 (d) An offense by a person to which this section applies of
2-63 speeding on a highway were the applicable speed limit is 70 miles
2-64 per hour is a misdemeanor punishable by a fine of not more than:
2-65 (1) $200 if it is established that the defendant was
2-66 driving at a speed of greater than 70 miles per hour but not
2-67 greater than 90 miles per hour; or
2-68 (2) $400 if it is established that the defendant was
2-69 driving at a speed greater than 90 miles per hour.
3-1 SECTION 6. Article 42.111, Code of Criminal Procedure, is
3-2 amended to read as follows:
3-3 Art. 42.111. DEFERRAL OF PROCEEDINGS IN CASES APPEALED TO
3-4 COUNTY COURT. If a defendant convicted of a misdemeanor punishable
3-5 by fine only appeals the conviction to a county court, on the trial
3-6 in county court the defendant may enter a plea of guilty or nolo
3-7 contendere to the offense. If the defendant enters a plea of
3-8 guilty or nolo contendere, the court may defer further proceedings
3-9 without entering an adjudication of guilt in the same manner as
3-10 provided for the deferral of proceedings in justice court or
3-11 municipal court under Article 45.54 of this code, including the
3-12 provisions of that article relating to completion of a driving
3-13 safety course for an offense involving the operation of a motor
3-14 vehicle, other than a commercial motor vehicle. This article does
3-15 not apply to a misdemeanor case disposed of by Subchapter B,
3-16 Chapter 543, Transportation Code [Section 143A, Uniform Act
3-17 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
3-18 Statutes)], or a serious traffic violation as defined by Section
3-19 522.003, Transportation Code [in Section 3(26), Texas Commercial
3-20 Driver's License Act (Article 6687b-2, Revised Statutes)].
3-21 SECTION 7. Subdivisions (1), (2), and (3), Article 45.54,
3-22 Code of Criminal Procedure, are amended to read as follows:
3-23 (1) On a plea of guilty or nolo contendere by a
3-24 defendant or on a finding of guilt in a misdemeanor case punishable
3-25 by fine only and payment of all court costs, the justice may defer
3-26 further proceedings without entering an adjudication of guilt and
3-27 place the defendant on probation for a period not to exceed 180
3-28 days. This article does not apply to a misdemeanor case disposed
3-29 of by Subchapter B, Chapter 543, Transportation Code [Section 143A,
3-30 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
3-31 Texas Civil Statutes)], or a serious traffic violation as defined
3-32 by Section 522.003, Transportation Code [in Section 3(26), Texas
3-33 Commercial Driver's License Act (Article 6687b-2, Revised
3-34 Statutes)].
3-35 (2) During the deferral period, the justice shall
3-36 require the defendant to successfully complete a [Central Education
3-37 Agency approved] driving safety course approved under the Texas
3-38 Driver and Traffic Safety Education Act (Article 4413(29c),
3-39 Vernon's Texas Civil Statutes), if the offense alleged is an
3-40 offense involving the operation of a motor vehicle, other than a
3-41 commercial motor vehicle, as defined by Section 522.003,
3-42 Transportation Code [in Subdivision (6), Section 3, Texas
3-43 Commercial Driver's License Act (Article 6687b-2, Revised
3-44 Statutes), and the defendant:]
3-45 [(A) has completed an approved driving safety course
3-46 within the preceding 12 months; or]
3-47 [(B) is a first-time offender who elects deferred
3-48 adjudication].
3-49 (3) During said deferral period, the justice may require the
3-50 defendant to:
3-51 (a) post a bond in the amount of the fine
3-52 assessed to secure payment of the fine;
3-53 (b) pay restitution to the victim of the offense
3-54 in an amount not to exceed the fine assessed;
3-55 (c) submit to professional counseling; and
3-56 (d) comply with any other reasonable condition[;
3-57 and]
3-58 [(e) require the defendant to successfully
3-59 complete a Central Education Agency approved driving safety course,
3-60 if:]
3-61 [(1) the offense alleged is an offense
3-62 involving the operation of a motor vehicle, other than a commercial
3-63 motor vehicle, as defined in Subdivision (6), Section 3, Texas
3-64 Commercial Driver's License Act (Article 6687b-2, Revised
3-65 Statutes); and]
3-66 [(2) the defendant has not completed an
3-67 approved driving safety course within the preceding 12 months].
3-68 SECTION 8. In addition to the substantive changes in law
3-69 made by this Act, this Act conforms Sections 543.102, 543.103, and
4-1 543.104, Transportation Code, to the changes in law made by Section
4-2 1, Chapter 334, and Section 28, Chapter 1009, Acts of the 74th
4-3 Legislature, 1995.
4-4 SECTION 9. (a) The changes in law made by this Act apply
4-5 only to an offense committed on or after the effective date of this
4-6 Act. For the purposes of this section, an offense is committed
4-7 before the effective date of this Act if any element of the offense
4-8 occurs before that date.
4-9 (b) An offense committed before the effective date of this
4-10 Act is governed by the law in effect when the offense was
4-11 committed, and the former law is continued in effect for that
4-12 purpose.
4-13 SECTION 10. This Act takes effect September 1, 1997.
4-14 SECTION 11. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.
4-19 * * * * *