HBA-KMH H.B. 2325 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2325
By: Goolsby
Judicial Affairs
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, persons issued a traffic citation may resolve the citation by
enrolling in a defensive driving course.  Many traffic citations are
disposed of by justice of the peace courts or municipal courts.  An
individual is assessed a $10 request fee to dismiss the citation by taking
a driving safety course.  In addition to this fee, an individual may be
assessed an additional authorized fee to cover court costs. When an
individual appeals a ruling made by a justice or municipal court, an
appeals court may only assess a $10 request fee and is not authorized to
charge any fees to cover court costs.  This loophole invites individuals to
appeal a ruling of a lower court simply to lower the out-of-pocket expense
to an individual for requesting dismissal of a traffic citation through a
driving safety course. 

H.B. 2325 authorizes a court to require a fee for a driving safety course
under the mandatory deferral rule.  This bill also authorizes a court to
require a person requesting a driving safety course pursuant to the
permissive deferral rule to pay a fee at an amount not more than $50,
including other authorized fees for costs. 

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 Section 543.106, Transportation Code,, as follows:

Sec.  543.106.  FEE FOR REQUEST.  (a) Limits a court's authorization to
require a fee to be paid under this subsection only to requests for a
driving safety course pursuant to Section 543.103 (Mandatory Deferral). 

(b) Authorizes a court to require a person requesting a driving safety
course pursuant to Section 534.104 (Permissive Deferral) to pay a fee set
by the court at an amount of not more than $50, including any other fee
authorized by statute or municipal ordinance, to cover the cost of
administering this subchapter (Dismissal of Certain Misdemeanor Charges on
Completing Driving Safety Course). 

Redesignates existing Subsections (b) and (c) to (c) and (d).

SECTION 2.  Emergency clause.
                       Effective date: 90 days after adjournment.