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.