SRC-JBJ H.B. 707 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 707
76R13162 WP-DBy: Tillery (Cain)
State Affairs
5/12/1999
Engrossed


DIGEST 

Currently, Section 548.605, Transportation Code, does not clarify the
meaning of the term "working day." In addition, current law authorizes a
court to dismiss a charge pertaining to driving with an expired license,
provided that the driver has met certain conditions and authorizes the
court to assess an administrative fee not to exceed $10 when the charge of
driving with an expired inspection certificate has been remedied. C.S.H.B.
707 would define "working day" and requires a court to dismiss a charge of
driving with an expired inspection certificate provided that the defendant
obtains a new inspection certificate within 10 working days and the
inspection certificate has not been expired for more than 60 days. This
bill also would require a court to assess an administrative fee not to
exceed $10 when the charge of driving with an expired inspection
certificate has been remedied. It would authorize the court to dismiss a
charge of driving with an expired inspection certificate that has been
expired for more than 60 days.  

PURPOSE 

H.B. 707 would amend regulations regarding dismissal of an inspection
certificate violation. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 548.605, Transportation Code, as follows:

Sec. 548.605. DISMISSAL OF CHARGE;  ADMINISTRATIVE FEE.  Defines "working
day" as any day other than a Saturday, a Sunday, or a holiday on which
county offices are closed.  Requires, rather than authorizes, a court to
dismiss a charge of driving with an expired inspection certificate if the
inspection certificate has not been expired for more than 60 days.
Authorizes the court to dismiss a charge of driving with an expired
inspection certificate that has been expired for more than 60 days,
notwithstanding Subsection (b).  Makes conforming changes. 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.