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.