By Capelo H.B. No. 620
77R2713 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to speeding offenses eligible for dismissal of a charge on
1-3 completion of a driving safety course.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 45.0511(c), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (c) Subsection (b)(1) applies only if:
1-8 (1) the person enters a plea in person or in writing
1-9 of no contest or guilty and, before the answer date on the notice
1-10 to appear:
1-11 (A) presents in person to the court an oral or
1-12 written request to take a course; or
1-13 (B) sends to the court by certified mail, return
1-14 receipt requested, postmarked on or before the answer date on the
1-15 notice to appear, a written request to take a course;
1-16 (2) the court enters judgment on the person's plea of
1-17 no contest or guilty at the time the plea is made but defers
1-18 imposition of the judgment for 180 days;
1-19 (3) the person has a Texas driver's license or permit;
1-20 (4) the person is charged with an offense to which
1-21 this article applies, other than speeding 20 [25] miles per hour or
1-22 more over the posted speed limit;
1-23 (5) the person provides evidence of financial
1-24 responsibility as required by Chapter 601, Transportation Code;
2-1 (6) the defendant's driving record as maintained by
2-2 the Texas Department of Public Safety shows the defendant has not
2-3 completed an approved driving safety course or motorcycle operator
2-4 training course, as appropriate, within the 12 months preceding the
2-5 date of the offense; and
2-6 (7) the defendant files an affidavit with the court
2-7 stating that the person is not taking a course under this section
2-8 and has not completed a course that is not shown on the person's
2-9 driving record within the 12 months preceding the date of the
2-10 offense.
2-11 SECTION 2. (a) The change in law made by this Act applies
2-12 only to an offense committed on or after the effective date of this
2-13 Act. For the purposes of this section, an offense is committed
2-14 before the effective date of this Act if any element of the offense
2-15 occurs before that date.
2-16 (b) An offense committed before the effective date of this
2-17 Act is governed by the law in effect when the offense was
2-18 committed, and the former law is continued in effect for that
2-19 purpose.
2-20 SECTION 3. This Act takes effect September 1, 2001.