By Thompson                                           H.B. No. 1603
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the power of a court to defer adjudication in cases
 1-3     involving misdemeanors punishable by fine only and payment of all
 1-4     court costs.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 45.54, Code of Criminal Procedure, is
 1-7     amended to read as follows:
 1-8                 [(1)] (a)  On a plea of guilty or nolo contendere by a
 1-9     defendant or on a finding of guilt in a misdemeanor case punishable
1-10     by fine only and payment of all court costs, the justice may defer
1-11     further proceedings without entering an adjudication of guilt and
1-12     place the defendant on probation for a period not to exceed 180
1-13     days.  [This article does not apply to a misdemeanor case disposed
1-14     of by Section 143A, Uniform Act Regulating Traffic on Highways
1-15     (Article 6701d, Vernon's Texas Civil Statutes), or a serious
1-16     traffic violation as defined in Section 3(26), Texas Commercial
1-17     Driver's License Act (Article 6687b-2, Revised Statutes)].
1-18                 [(2)  During the deferral period, the justice shall
1-19     require the defendant to successfully complete a Central Education
1-20     Agency -approved driving safety course, if the offense alleged is
1-21     an offense involving the operation of a motor vehicle, other than a
 2-1     commercial motor vehicle, as defined in Subdivision (6), Section 3,
 2-2     Texas Commercial Driver's License Act (Article 6687b-2, Revised
 2-3     Statutes), and the defendant:]
 2-4                       [(A)  has completed an approved driving safety
 2-5     course within the preceding 12 months; or]
 2-6                       [(B)  is a first-time offender who elects
 2-7     deferred adjudication.]
 2-8                 [(3)] (b)  During said deferral period, the justice may
 2-9     require the defendant to:
2-10           [(a)] (1)  post a bond in the amount of the fine assessed to
2-11     secure payment of the fine;
2-12           [(b)] (2)  pay restitution to the victim of the offense in an
2-13     amount not to exceed the fine assessed;
2-14           [(c)] (3)  submit to professional counseling; and
2-15           [(d)] (4)  comply with any other reasonable condition[; and]
2-16           [(e)  require the defendant to successfully complete a
2-17     Central Education Agency approved driving safety course, if:]
2-18                 [(1)  the offense alleged is an offense involving the
2-19     operation of a motor vehicle, other than a commercial motor
2-20     vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
2-21     Driver's License Act (Article 6687b-2, Revised Statutes); and]
2-22                 [(2)  the defendant has not completed an approved
2-23     driving safety course within the preceding 12 months].
2-24                 [(4)] (c)  At the conclusion of the deferral period, if
2-25     the defendant presents satisfactory evidence that he has complied
 3-1     with the requirements imposed, the justice shall dismiss the
 3-2     complaint, and it shall be clearly noted in the docket that the
 3-3     complaint is dismissed and that there is not a final conviction.
 3-4     Otherwise, the justice may proceed with an adjudication of guilt.
 3-5     After an adjudication of guilt, the justice may reduce the fine
 3-6     assessed or may then impose the fine assessed, less any portion of
 3-7     the assessed fine that has been paid.  If the complaint is
 3-8     dismissed, a special expense not to exceed the amount of the fine
 3-9     assessed may be imposed.
3-10                 [(5)] (d)  If at the conclusion of the deferral period
3-11     the defendant does not present satisfactory evidence that the
3-12     defendant complied with the requirements imposed, the justice may
3-13     impose the fine assessed or impose a lesser fine.  The imposition
3-14     of the fine or lesser fine constitutes a final conviction of the
3-15     defendant.
3-16                 [(6)] (e)  Records relating to a complaint dismissed as
3-17     provided by this article may be expunged under Article 55.01 of
3-18     this code.  If a complaint is dismissed under this article, there
3-19     is not a final conviction and the complaint may not be used against
3-20     the person for any purpose.
3-21           SECTION 2.  Amend Chapter 45, Code of Criminal Procedure, by
3-22     adding a new Article 45.541 to read as follows:
3-23           Art. 45.541.  Deferral of Certain Motor Vehicle Offenses.
3-24     (a)  This article applies if the offense alleged is an offense
3-25     involving the operation of a motor vehicle, other than a commercial
 4-1     motor vehicle, as defined in Subdivision (6), Section 3, Texas
 4-2     Commercial Driver's License Act (Article 6687b-2, Revised
 4-3     Statutes), in addition to the provisions of Article 45.54.
 4-4           (b)  During the deferral period under Article 45.54, the
 4-5     justice shall require the defendant to successfully complete a
 4-6     Texas Education Agency-approved driving safety course, if the
 4-7     defendant:
 4-8                 (1)  has completed an approved driving safety course
 4-9     within the preceding 12 months; or
4-10                 (2)  is a first-time offender who elects deferred
4-11     adjudication.
4-12           (c)  During the deferral period under Article 45.54, the
4-13     justice may require the defendant to successfully complete a Texas
4-14     Education Agency approved driving safety course if the defendant
4-15     has not completed an approved driving safety course within the
4-16     preceding 12 months.
4-17           (d)  Subsections (b) and (c) apply only if:
4-18                 (1)  the person enters a plea in person or in writing
4-19     of no contest or guilty and, before the answer date on the notice
4-20     to appear:
4-21                       (A)  presents in person to the court an oral or
4-22     written request to take a course; or
4-23                       (B)  sends to the court by certified mail, return
4-24     receipt requested, postmarked on or before the answer date on the
4-25     notice to appear, a written request to take a course;
 5-1                 (2)  the court enters judgment on the person's plea of
 5-2     no contest or guilty at the time the plea is made but defers
 5-3     imposition of the judgment for 180 days;
 5-4                 (3)  the person has a Texas driver's license or permit;
 5-5                 (4)  the person is charged with an offense to which
 5-6     this article applies, other than speeding 25 miles per hour or more
 5-7     over the posted speed limit; and
 5-8                 (5)  the person provides evidence of financial
 5-9     responsibility as required by Chapter 601, Transportation Code.
5-10           (e)  Notwithstanding Subsection (d)(1), on a written motion
5-11     submitted to the court before the final disposition of the case,
5-12     the court may grant a request to take a driving safety course or a
5-13     motorcycle operator training course under this article.
5-14           (f)  A request to take a driving safety course made on or
5-15     before the time and place at which a person is required to appear
5-16     in court is an appearance in compliance with the person's promise
5-17     to appear.
5-18           (g)  The court may require a person requesting a driving
5-19     safety course to pay a fee set by the court at an amount of not
5-20     more than $10, including any other fee authorized by statute or
5-21     municipal ordinance, to cover the cost of administering this
5-22     article.
5-23           (h)  A person who requests but does not take a course is not
5-24     entitled to a refund of the fee.
5-25           (i)  Fees collected by a municipal court shall be deposited
 6-1     in the municipal treasury.  Fees collected by another court shall
 6-2     be deposited in the county treasury of the county in which the
 6-3     court is located.
 6-4           (j)  If a person requesting a driving safety course fails to
 6-5     furnish evidence of the successful completion of the course to the
 6-6     court, the court shall:
 6-7                 (1)  notify the person in writing, mailed to the
 6-8     address appearing on the notice to appear, of that failure; and
 6-9                 (2)  require the person to appear at the time and place
6-10     stated in the notice to show cause why the evidence was not timely
6-11     submitted to the court.
6-12           (k)  A person who fails to appear at the time and place
6-13     stated in the notice commits a misdemeanor punishable as provided
6-14     by Section 543.009, Transportation Code.
6-15           (l)  On a person's showing of good cause for failure to
6-16     furnish evidence to the court, the court may allow an extension of
6-17     time during which the person may present a uniform certificate of
6-18     course completion as evidence that the person successfully
6-19     completed the driving safety course.
6-20           (m)  When a person complies with subsection (b) or (c) and a
6-21     uniform certificate of course completion is accepted by the court,
6-22     the court shall:
6-23                 (1)  remove the judgment and dismiss the charge;
6-24                 (2)  report the fact that the person successfully
6-25     completed a driving safety course and the date of completion to the
 7-1     department of public safety for inclusion in the person's driving
 7-2     record; and
 7-3                 (3)  state in its report whether the course was taken
 7-4     under the procedure provided by this article to provide information
 7-5     necessary to determine eligibility to take a subsequent course
 7-6     under this section.
 7-7           (n)  The court may dismiss only one charge for each
 7-8     completion of a course.
 7-9           (o)  A charge that is dismissed under this article may not be
7-10     part of a person's driving record or used for any purpose.
7-11           (p)  An insurer delivering or issuing for delivery a motor
7-12     vehicle insurance policy in this state may not cancel or increase
7-13     the premium charged an insured under the policy because the insured
7-14     completed a driving safety course or had a charge dismissed under
7-15     this article.
7-16           (q)  The court shall advise a person charged with a
7-17     misdemeanor under Subtitle C, Title 7, Transportation Code,
7-18     committed while operating a motor vehicle, of the person's right
7-19     under this article to successfully complete a driving safety course
7-20     or, if the offense was committed while operating a motorcycle, a
7-21     motorcycle operator training course.  The right under this article
7-22     to complete a course does not apply to a person charged with a
7-23     violation of sections 545.066, 545.401, 545.421, 550.022, or
7-24     550.023, Transportation Code, or a serious traffic violation as
7-25     defined by Section 522.003, Transportation Code.
 8-1           SECTION 3.  Section 542.402(b), Transportation Code, is
 8-2     amended to read as follows:
 8-3           (b)  In each fiscal year, a municipality having a population
 8-4     of less than 5,000 may retain, from fines collected for violations
 8-5     of highway laws in this subtitle and from special expenses
 8-6     collected under Article 45.541 [45.54], Code of Criminal Procedure,
 8-7     in cases in which a violation of this subtitle is alleged, an
 8-8     amount equal to 30 percent of the municipality's revenue for the
 8-9     preceding fiscal year from all sources, other than federal funds
8-10     and bond proceeds, as shown by the audit performed under Section
8-11     103.001, Local Government Code.  After a municipality has retained
8-12     that amount, the municipality shall send to the comptroller any
8-13     portion of a fine or a special expense collected that exceeds $1.
8-14           SECTION 4.  Sections 543.102 through 543.110, Transportation
8-15     Code, are repealed.
8-16           SECTION 5.  This Act applies to an offense that occurs on or
8-17     after September 1, 1999.  An offense to which this Act applies that
8-18     occurs before September 1, 1999, is governed by the law in effect
8-19     on the date the offense occurs and that law remains in effect for
8-20     that purpose.
8-21           SECTION 6.  The importance of this legislation and the
8-22     crowded conditions of the calendars in both houses create an
8-23     emergency and an imperative public necessity that the rule
8-24     requiring bills to be read on three several days in each house be
8-25     suspended, and this rule is hereby suspended.