By Shapiro                                      S.B. No. 1228

      75R7491 JD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the requirement that the operator of a motor vehicle

 1-3     possess a driver's license and evidence of financial responsibility

 1-4     for the vehicle.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Sections 521.025(d) and (e), Transportation Code,

 1-7     are amended to read as follows:

 1-8           (d)  A judge may dismiss a charge [It is a defense to

 1-9     prosecution] under this section if the person charged produces in

1-10     court a driver's license:

1-11                 (1)  issued to that person;

1-12                 (2)  appropriate for the type of vehicle operated; and

1-13                 (3)  valid at the time of the arrest for the offense.

1-14           (e)  The judge who dismisses a charge under Subsection (d)

1-15     may impose on the defendant an administrative fee not to exceed

1-16     $10.

1-17           (f)  The judge of each court shall report promptly to the

1-18     department each conviction obtained in the court under this

1-19     section.

1-20           SECTION 2.  Section 601.053, Transportation Code, is amended

1-21     by adding Subsections (c) and (d) to read as follows:

1-22           (c)  A person commits an offense if the person fails or

1-23     refuses to provide the evidence of financial responsibility as

1-24     required by Subsection (a).  An offense under this subsection is a

 2-1     Class C misdemeanor.

 2-2           (d)  A judge may:

 2-3                 (1)  dismiss a charge under Subsection (c) if the

 2-4     defendant produces in court evidence of financial responsibility

 2-5     for the vehicle being operated at the time of the offense that was

 2-6     valid at the time that the offense is alleged to have occurred; and

 2-7                 (2)  impose on the defendant an administrative fee not

 2-8     to exceed $10.

 2-9           SECTION 3.  Section 601.191, Transportation Code, is amended

2-10     by adding Subsection (e) to read as follows:

2-11           (e)  A judge may:

2-12                 (1)  dismiss a charge under this section if the

2-13     defendant produces in court evidence of financial responsibility

2-14     for the vehicle being operated at the time of the offense that was

2-15     valid at the time that the offense is alleged to have occurred; and

2-16                 (2)  impose on the defendant an administrative fee not

2-17     to exceed $10.

2-18           SECTION 4.  Section 601.193, Transportation Code, is

2-19     repealed.

2-20           SECTION 5.  This Act takes effect September 1, 1997.  The

2-21     change in law made by this Act applies only to an offense

2-22     committed on or after September 1, 1997.  An offense committed

2-23     before September 1, 1997, is covered by the law in effect when the

2-24     offense was committed, and the former law is continued in effect

2-25     for that purpose.  For purposes of this section, an offense was

2-26     committed before September 1, 1997, if any element of the offense

2-27     occurred before that date.

 3-1           SECTION 6.  The importance of this legislation and the

 3-2     crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended.