By Capelo H.B. No. 789
76R1123 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mandatory issuance of a written notice to appear for
1-3 certain traffic offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 543.004(a), Transportation Code, is
1-6 amended to read as follows:
1-7 (a) An officer shall issue a written notice to appear if:
1-8 (1) the offense charged is:
1-9 (A) an offense under this subtitle punishable by
1-10 fine only; or
1-11 (B) [speeding or] a violation of the open
1-12 container law, Section 49.03, Penal Code; and
1-13 (2) the person makes a written promise to appear in
1-14 court as provided by Section 543.005.
1-15 SECTION 2. Section 543.004, Transportation Code, is amended
1-16 to more accurately reflect the source law from which it was derived
1-17 by adding Subsection (c) to read as follows:
1-18 (c) The offenses specified by Subsection (a) are the only
1-19 offenses for which issuance of a written notice to appear is
1-20 mandatory.
1-21 SECTION 3. This Act takes effect September 1, 1999, except
1-22 that Section 2 of this Act takes effect immediately.
1-23 SECTION 4. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended,
2-4 and that this Act take effect and be in force according to its
2-5 terms, and it is so enacted.