SRC-BWC H.B. 363 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 363
77R4440 JD-DBy: Gallego (Moncrief)
Jurisprudence
4/27/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, a peace officer may not arrest a person for a traffic
offense involving speeding or a violation of the open container law. In
these situations the officer is required to issue a written notice to
appear. H.B. 363 provides that all traffic offenses that are Class C
misdemeanors are offenses for which a peace officer is required to issue a
citation that contains a written notice to appear if a person displays the
required identification.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 543.004, Transportation Code, as follows:

Sec. 543.004. New heading: NOTICE TO APPEAR REQUIRED. Provides that  the
issuance of a written notice to appear as provided by Section 543.003 is
mandatory and requires an officer to issue a written notice to appear if
the offense charged is a misdemeanor punishable by fine only, rather than
speeding or a violation of the open container law. Makes conforming and
nonsubstantive changes. 

SECTION 2. Amends Article 14.06, Code of Criminal Procedure, to require a
peace officer who is charging a person, including a child, with committing
a traffic offense that is a Class C misdemeanor, including an offense under
Section 49.03 (Consumption or Possession of Alcoholic Beverage in Motor
Vehicle), Penal Code, instead of taking the person before a magistrate, to
issue a citation to the person that contains written notice of the time and
place the person must appear before a magistrate, the name and address of
the person charged, and the offense charged. Provides that if the person is
a resident of or is operating a vehicle licenced in a state or county other
than this state, this subsection applies only as provided by Chapter 703
(Nonresident Violator Compact of 1997), Transportation Code. Makes
conforming and nonsubstantive changes. 

SECTION 3. Effective date: September 1, 2001.
           Makes application of this Act prospective.