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