By Gallego                                             H.B. No. 363
         77R1834 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     traffic offenses.
 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 makes a written promise to appear in
1-15     court as provided by Section 543.005.
1-16           (b)  If the person is a resident of or is operating a vehicle
1-17     licensed in a state or country other than this state, Subsection
1-18     (a) applies only as provided by Chapter 703.
1-19           [(c)  The offenses specified by Subsection (a) are the only
1-20     offenses for which issuance of a written notice to appear is
1-21     mandatory.]
1-22           SECTION 2.  Article 14.06, Code of Criminal Procedure, is
1-23     amended to read as follows:
1-24           Art. 14.06.  MUST TAKE OFFENDER BEFORE MAGISTRATE. (a)
 2-1     Except as provided by Subsections [Subsection] (b) and (c), in each
 2-2     case enumerated in this Code, the person making the arrest shall
 2-3     take the person arrested or have the person [him] taken without
 2-4     unnecessary delay before the magistrate who may have ordered the
 2-5     arrest, before some magistrate of the county where the arrest was
 2-6     made without an order, or, if necessary to provide more
 2-7     expeditiously to the person arrested the warnings described by
 2-8     Article 15.17 of this Code, before a magistrate in a county
 2-9     bordering the county in which the arrest was made.  The magistrate
2-10     shall immediately perform the duties described in Article 15.17 of
2-11     this Code.
2-12           (b) A peace officer who is charging a person, including a
2-13     child, with committing an offense that is a Class C misdemeanor,
2-14     other than an offense under Section 49.02, Penal Code, or a traffic
2-15     offense, may, instead of taking the person before a magistrate,
2-16     issue a citation to the person that contains written notice of the
2-17     time and place the person must appear before a magistrate, the name
2-18     and address of the person charged, and the offense charged.
2-19           (c)  A peace officer who is charging a person, including a
2-20     child, with committing a traffic offense that is a Class C
2-21     misdemeanor, including an offense under Section 49.03, Penal Code,
2-22     shall, instead of taking the person before a magistrate, issue a
2-23     citation to the person that contains written notice of the time and
2-24     place the person must appear before a magistrate, the name and
2-25     address of the person charged, and the offense charged.  If the
2-26     person is a resident of or is operating a vehicle licensed in a
2-27     state or country other than this state, this subsection applies
 3-1     only as provided by Chapter 703, Transportation Code.
 3-2           SECTION 3.  (a)  This Act takes effect September 1, 2001.
 3-3           (b)  The changes in law made by this Act apply only to a
 3-4     person arrested for a misdemeanor offense punishable by fine only
 3-5     under Subtitle C, Title 7, Transportation Code, or for an offense
 3-6     under Section 49.03, Penal Code, on or after September 1, 2001.