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.