By Maxey H.B. No. 1166
76R4532 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to dismissal of certain vehicle and traffic law
1-3 violations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 502.407(b), Transportation Code, is
1-6 amended to read as follows:
1-7 (b) A justice of the peace or municipal court judge having
1-8 jurisdiction of the offense may:
1-9 (1) dismiss a charge of driving with an expired motor
1-10 vehicle registration if the defendant:
1-11 (A) remedies the defect not later than the 10th
1-12 working day after the date of the offense; and
1-13 (B) establishes that the fee prescribed by
1-14 Section 502.176 has been paid; and
1-15 (2) assess an administrative fee not to exceed $20
1-16 [$10] when the charge is dismissed.
1-17 SECTION 2. Section 521.026(b), Transportation Code, is
1-18 amended to read as follows:
1-19 (b) The judge may assess the defendant an administrative fee
1-20 not to exceed $20 [$10] when the charge of driving with an expired
1-21 driver's license is dismissed under Subsection (a).
1-22 SECTION 3. Section 547.004, Transportation Code, is amended
1-23 by adding Subsection (c) to read as follows:
1-24 (c) A judge having jurisdiction over an offense under this
2-1 section may:
2-2 (1) dismiss the charge if the defendant remedies the
2-3 defect within 10 working days; and
2-4 (2) assess an administrative fee not to exceed $20
2-5 when the charge is dismissed.
2-6 SECTION 4. Section 548.605, Transportation Code, is amended
2-7 to read as follows:
2-8 Sec. 548.605. DISMISSAL OF CHARGE; ADMINISTRATIVE FEE. The
2-9 court may:
2-10 (1) dismiss a charge of driving with an expired
2-11 inspection certificate if the defendant remedies the defect within
2-12 10 working days; and
2-13 (2) assess an administrative fee not to exceed $20
2-14 [$10] when the charge of driving with an expired inspection
2-15 certificate has been remedied.
2-16 SECTION 5. (a) The change in law made by this Act applies
2-17 only to an offense committed on or after the effective date of this
2-18 Act. For the purposes of this section, an offense is committed
2-19 before the effective date of this Act if any element of the offense
2-20 occurs before that date.
2-21 (b) An offense committed before the effective date of this
2-22 Act is governed by the law in effect when the offense was
2-23 committed, and the former law is continued in effect for that
2-24 purpose.
2-25 SECTION 6. This Act takes effect September 1, 1999.
2-26 SECTION 7. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.