By Gallego, Capelo, Turner of Coleman, Keel, H.B. No. 363
77R4440 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the issuance of a written notice to appear for certain
1-3 misdemeanor offenses punishable by fine only.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 543.004, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 543.004. NOTICE TO APPEAR REQUIRED[: CERTAIN
1-8 OFFENSES]. (a) The issuance of a written notice to appear as
1-9 provided by Section 543.003 is mandatory and an [An] officer shall
1-10 issue a written notice to appear if:
1-11 (1) the offense charged is a misdemeanor punishable by
1-12 fine only [speeding or a violation of the open container law,
1-13 Section 49.03, Penal Code]; [and]
1-14 (2) the person displays:
1-15 (A) an unexpired driver's license or permit
1-16 issued to the person by the department or by another state or
1-17 country; or
1-18 (B) an unexpired personal identification
1-19 certificate issued to the person by the department; and
1-20 (3) the person makes a written promise to appear in
1-21 court as provided by Section 543.005.
1-22 (b) If the person is a resident of or is operating a vehicle
1-23 licensed in a state or country other than this state, Subsection
1-24 (a) applies only as provided by Chapter 703.
1-25 [(c) The offenses specified by Subsection (a) are the only
2-1 offenses for which issuance of a written notice to appear is
2-2 mandatory.]
2-3 SECTION 2. Article 14.06, Code of Criminal Procedure, is
2-4 amended to read as follows:
2-5 Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE. (a)
2-6 Except as provided by Subsections [Subsection] (b), (c), and (d),
2-7 in each case enumerated in this Code, the person making the arrest
2-8 shall take the person arrested or have the person [him] taken
2-9 without unnecessary delay before the magistrate who may have
2-10 ordered the arrest, before some magistrate of the county where the
2-11 arrest was made without an order, or, if necessary to provide more
2-12 expeditiously to the person arrested the warnings described by
2-13 Article 15.17 of this Code, before a magistrate in a county
2-14 bordering the county in which the arrest was made. The magistrate
2-15 shall immediately perform the duties described in Article 15.17 of
2-16 this Code.
2-17 (b) A peace officer who is charging a person, including a
2-18 child, with committing an offense that is a Class C misdemeanor,
2-19 other than an offense under Section 49.02, Penal Code, or a traffic
2-20 offense, may, instead of taking the person before a magistrate,
2-21 issue a citation to the person that contains written notice of the
2-22 time and place the person must appear before a magistrate, the name
2-23 and address of the person charged, and the offense charged.
2-24 (c) A peace officer who is charging a person, including a
2-25 child, with committing a traffic offense that is a Class C
2-26 misdemeanor, including an offense under Section 49.03, Penal Code,
2-27 shall, instead of taking the person before a magistrate, issue a
3-1 citation to the person that contains written notice of the time and
3-2 place the person must appear before a magistrate, the name and
3-3 address of the person charged, and the offense charged, if the
3-4 person displays:
3-5 (1) an unexpired driver's license or permit issued to
3-6 the person by the Department of Public Safety or by another state
3-7 or country; or
3-8 (2) an unexpired personal identification certificate
3-9 issued to the person by the department.
3-10 (d) If a person charged as described by Subsection (c) is a
3-11 resident of or is operating a vehicle licensed in a state or
3-12 country other than this state, Subsection (c) applies only as
3-13 provided by Chapter 703, Transportation Code.
3-14 SECTION 3. (a) This Act takes effect September 1, 2001.
3-15 (b) The change in law made by this Act applies only to an
3-16 offense committed on or after the effective date of this Act. For
3-17 the purposes of this section, an offense is committed before the
3-18 effective date of this Act if any element of the offense occurs
3-19 before that date.
3-20 (c) An offense committed before the effective date of this
3-21 Act is governed by the law in effect when the offense was
3-22 committed, and the former law is continued in effect for that
3-23 purpose.