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.

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