By: Shapiro S.B. No. 1657
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the eligibility of a person for the mandatory deferral
1-2 of a speeding offense.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 543.103, Transportation Code, is amended
1-5 to read as follows:
1-6 Sec. 543.103. MANDATORY DEFERRAL. (a) Subject to
1-7 Subsection (b), the [The] court shall defer proceedings and allow a
1-8 person:
1-9 (1) 90 days to take a driving safety course approved
1-10 under the Texas Driver and Traffic Safety Education Act (Article
1-11 4413(29c), Vernon's Texas Civil Statutes) or, if the offense was
1-12 committed while operating a motorcycle, a motorcycle operator
1-13 training course approved by the department under Chapter 662; and
1-14 (2) 30 additional days to present:
1-15 (A) a uniform certificate of course completion
1-16 as written evidence that after the alleged violation the person
1-17 successfully completed the [a] driving safety course; or
1-18 (B) written evidence that after the alleged
1-19 violation the person successfully completed the motorcycle operator
1-20 training course.
1-21 (b) Subsection (a) applies only [approved under the Texas
2-1 Driver and Traffic Safety Education Act (Article 4413(29c),
2-2 Vernon's Texas Civil Statutes)] if:
2-3 (1) the person enters a plea in person or in writing
2-4 of no contest or guilty and, before the answer date on the notice
2-5 to appear [citation]:
2-6 (A) presents in person to the court an oral or
2-7 written request to take a course; or
2-8 (B) sends to the court by certified mail, return
2-9 receipt requested, postmarked on or before the answer date on the
2-10 notice to appear, a written request to take a course;
2-11 (2) the court enters judgment on the person's plea of
2-12 no contest or guilty at the time the plea is made but defers
2-13 imposition of the judgment for 120 [90] days;
2-14 (3) the person has a Texas driver's license or permit;
2-15 (4) the person's driving record as maintained by the
2-16 department does not show successful completion of a driving safety
2-17 course or a motorcycle operator training course, as appropriate,
2-18 under this section within one year before the date of the alleged
2-19 violation;
2-20 (5) the person files an affidavit with the court
2-21 stating that the person is not taking a course under this section
2-22 and has not completed a course under this section that is not shown
2-23 on the person's driving record;
2-24 (6) the person is charged with an offense to which
2-25 this subchapter applies other than speeding more than 15 [25] miles
3-1 per hour [or more] over the posted speed limit; and
3-2 (7) the person provides evidence of financial
3-3 responsibility as required by Chapter 601.
3-4 (c) [(b)] Notwithstanding Subsection (b)(1) [(a)(1)], on a
3-5 written motion submitted to the court before the final disposition
3-6 of the case, the court may grant a request to take a driving safety
3-7 course or a motorcycle operator training course under this section.
3-8 SECTION 2. (a) In addition to the substantive changes in
3-9 law made by this Act, this Act amends Section 543.103,
3-10 Transportation Code, to conform to the changes in the law made by
3-11 Section 1, Chapter 334, and Section 28, Chapter 1009, Acts of the
3-12 74th Legislature, Regular Session, 1995.
3-13 (b) To the extent of any conflict, this Act prevails over
3-14 another Act of the 75th Legislature, Regular Session, 1997,
3-15 relating to nonsubstantive additions to and corrections in enacted
3-16 codes.
3-17 SECTION 3. This Act takes effect September 1, 1997. The
3-18 change in law made by this Act applies only to a person's
3-19 eligibility to complete a driving safety course for a speeding
3-20 offense committed on or after September 1, 1997. A person's
3-21 eligibility to complete a driving safety course for a speeding
3-22 offense committed before September 1, 1997, is covered by the law
3-23 in effect when the offense was committed, and the former law is
3-24 continued in effect for that purpose.
3-25 SECTION 4. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.