HBA-LCA H.B. 1974 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1974 By: Swinford Judicial Affairs 3/17/1999 Introduced BACKGROUND AND PURPOSE The majority of traffic violations are handled in justice or municipal courts. Some verdicts are appealed to county courts where, due to crowded calendars, offenses are sometimes pled down or sentences are deferred. The Department of Public Safety has established strict penalties for repeat offenders holding commercial drivers licenses. Mitigating sentences at the county court level diminishes the strength of the laws governing commercial drivers licenses. H.B. 1974 prohibits a county court from granting deferred adjudication, deferring final disposition, or dismissing a charge upon completion of a driver safety course to a defendant appealing a decision made in a justice or municipal court. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 44, Code of Criminal Procedure, by adding Article 44.21, as follows: Art. 44.21. DEFERRED ADJUDICATION, DEFERRAL OF FINAL DISPOSITION, OR DISMISSAL OF CHARGE ON APPEAL. Prohibits a county court, in an appeal from a justice court or municipal court, including a municipal court of record, from granting deferred adjudication, deferring final disposition of a defendant's case, or dismissing the charge under Subchapter B, Chapter 543, Transportation Code (Dismissal of Certain Misdemeanor Charges on Completing Driver Safety Course). SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.