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.