By Thompson                                           H.B. No. 1885
         77R4832 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to deferred disposition procedures applicable to certain
 1-3     traffic offenses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Articles 45.0511(a) and (p), Code of Criminal
 1-6     Procedure, are amended to read as follows:
 1-7           (a)  This article applies only to an alleged offense that:
 1-8                 (1)  is within the jurisdiction of a justice court or a
 1-9     municipal court;
1-10                 (2)  involves [involving] the operation of a motor
1-11     vehicle; and
1-12                 (3)  is [other than a commercial motor vehicle, as]
1-13     defined by:
1-14                       (A)  Section 472.022 [522.003], Transportation
1-15     Code;
1-16                       (B)  Subtitle C, Title 7, Transportation Code; or
1-17                       (C)  Section 729.001(a)(3), Transportation Code[,
1-18     and supplements Article 45.051].
1-19           (p)  The court shall advise a person charged with a
1-20     misdemeanor under Section 472.022, Transportation Code, Subtitle C,
1-21     Title 7, Transportation Code, or Section 729.001(a)(3),
1-22     Transportation Code, committed while operating a motor vehicle of
1-23     the person's right under this article to successfully complete a
1-24     driving safety course or, if the offense was committed while
 2-1     operating a motorcycle, a motorcycle operator training course.  The
 2-2     right to complete a course does not apply to a person charged with
 2-3     a violation of Section 545.066, 545.401, 545.421, 550.022, or
 2-4     550.023, Transportation Code, or serious traffic violation as
 2-5     defined by Section 522.003, Transportation Code.
 2-6           SECTION 2. Articles 45.541(a) and (p), Code of Criminal
 2-7     Procedure, are amended to read as follows:
 2-8           (a)  This article applies only to an alleged offense that:
 2-9                 (1)  is within the jurisdiction of a justice court or a
2-10     municipal court;
2-11                 (2)  involves [involving] the operation of a motor
2-12     vehicle; and
2-13                 (3)  is [other than a commercial motor vehicle, as]
2-14     defined by:
2-15                       (A)  Section 472.022 [522.003], Transportation
2-16     Code;
2-17                       (B)  Subtitle C, Title 7, Transportation Code; or
2-18                       (C)  Section 729.001(a)(3), Transportation Code[,
2-19     and supplements Article 45.54].
2-20           (p)  The court shall advise a person charged with a
2-21     misdemeanor under Section 472.022, Transportation Code, Subtitle C,
2-22     Title 7, Transportation Code, or Section 729.001(a)(3),
2-23     Transportation Code, committed while operating a motor vehicle of
2-24     the person's right under this article to successfully complete a
2-25     driving safety course or, if the offense was committed while
2-26     operating a motorcycle, a motorcycle operator training course.  The
2-27     right to complete a course does not apply to a person charged with
 3-1     a violation of Section 545.066, 545.401, 545.421, 550.022, or
 3-2     550.023, Transportation Code, or a serious traffic violation as
 3-3     defined by Section 522.003, Transportation Code.
 3-4           SECTION 3. The change in law made by this Act applies only to
 3-5     a defendant for whom proceedings are deferred for an offense
 3-6     committed on or after the effective date of this Act.  An offense
 3-7     committed before the effective date of this Act is covered by the
 3-8     law in effect when the offense was committed, and the former law is
 3-9     continued in effect for that purpose.  For purposes of this
3-10     section, an offense was committed before the effective date of this
3-11     Act if any element of the offense occurred before that date.
3-12           SECTION 4. (a)  This Act takes effect September 1, 2001,
3-13     except that Section 2 of this Act takes effect only if a bill of
3-14     the 77th Legislature, Regular Session, 2001, relating to
3-15     nonsubstantive additions to and corrections in enacted codes, does
3-16     not become law.  If a bill of that description is enacted and
3-17     becomes law, Section 2 of this Act has no effect.
3-18           (b)  Notwithstanding Subsection (a) of this section, this Act
3-19     has no effect if H.B. No. 1713 or S.B. No. 730, Acts of the 77th
3-20     Legislature, Regular Session, 2001, amending Article 45.0511, Code
3-21     of Criminal Procedure, to specify the offenses to which the article
3-22     applies, is enacted and becomes law.