By Truitt                                             H.B. No. 3100
         76R5553 DWS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to eligibility for dismissal of a charge for an offense of
 1-3     operating a vehicle with an expired registration or inspection
 1-4     certificate.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 502.407(b), Transportation Code, is
 1-7     amended to read as follows:
 1-8           (b)  A justice of the peace or municipal court judge having
 1-9     jurisdiction of the offense may:
1-10                 (1)  dismiss a charge of driving with an expired motor
1-11     vehicle registration if:
1-12                       (A)  the offense occurs not later than the 60th
1-13     day after the date the registration expires; and
1-14                       (B)  the defendant:
1-15                             (i) [(A)]  remedies the defect not later
1-16     than the 10th working day after the date of the offense; and
1-17                             (ii) [(B)]  establishes that the fee
1-18     prescribed by Section 502.176 has been paid; and
1-19                 (2)  assess an administrative fee not to exceed $10
1-20     when the charge is dismissed.
1-21           SECTION 2.  Section 548.605, Transportation Code, is amended
1-22     to read as follows:
1-23           Sec. 548.605.  DISMISSAL OF CHARGE;  ADMINISTRATIVE FEE.  The
1-24     court may:
 2-1                 (1)  dismiss a charge of driving with an expired
 2-2     inspection certificate if:
 2-3                       (A)  the offense occurs not later than the 60th
 2-4     day after the date the inspection certificate expires; and
 2-5                       (B)  the defendant remedies the defect within 10
 2-6     working days; and
 2-7                 (2)  assess an administrative fee not to exceed $10
 2-8     when the charge of driving with an expired inspection certificate
 2-9     has been remedied.
2-10           SECTION 3.  (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 4.  This Act takes effect September 1, 1999.
2-20           SECTION 5.  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.