By Ogden S.B. No. 311
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.