By Brown of Brazos                                    H.B. No. 1054
         76R4126 DWS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to speeding offenses eligible for dismissal of a charge on
 1-3     completion of a driving safety course.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 543.103(b), Transportation Code, is
 1-6     amended to read as follows:
 1-7           (b)  Subsection (a) applies only if:
 1-8                 (1)  the person enters a plea in person or in writing
 1-9     of no contest or guilty and, before the answer date on the notice
1-10     to appear:
1-11                       (A)  presents in person to the court an oral or
1-12     written request to take a course; or
1-13                       (B)  sends to the court by certified mail, return
1-14     receipt requested, postmarked on or before the answer date on the
1-15     notice to appear, a written request to take a course;
1-16                 (2)  the court enters judgment on the person's plea of
1-17     no contest or guilty at the time the plea is made but defers
1-18     imposition of the judgment for 90 days;
1-19                 (3)  the person has a Texas driver's license or permit;
1-20                 (4)  the person's driving record as maintained by the
1-21     department does not show successful completion of a driving safety
1-22     course or a motorcycle operator training course, as appropriate,
1-23     under this section within one year before the date of the alleged
1-24     violation;
 2-1                 (5)  the person files an affidavit with the court
 2-2     stating that the person is not taking a course under this section
 2-3     and has not completed a course under this section that is not shown
 2-4     on the person's driving record;
 2-5                 (6)  the person is charged with an offense to which
 2-6     this subchapter applies other than speeding 12 [25] miles per hour
 2-7     or more over the posted speed limit; and
 2-8                 (7)  the person provides evidence of financial
 2-9     responsibility as required by Chapter 601.
2-10           SECTION 2.  (a)  The change in law made by this Act applies
2-11     only to an offense committed on or after the effective date of this
2-12     Act.  For the purposes of this section, an offense is committed
2-13     before the effective date of this Act if any element of the offense
2-14     occurs before that date.
2-15           (b)  An offense committed before the effective date of this
2-16     Act is governed by the law in effect when the offense was
2-17     committed, and the former law is continued in effect for that
2-18     purpose.
2-19           SECTION 3.  This Act takes effect September 1, 1999.
2-20           SECTION 4.  The importance of this legislation and the
2-21     crowded condition of the calendars in both houses create an
2-22     emergency and an imperative public necessity that the
2-23     constitutional rule requiring bills to be read on three several
2-24     days in each house be suspended, and this rule is hereby suspended.