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.