By Geren                                              H.B. No. 1928
         77R7253 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the period of deferral in deferred disposition
 1-3     procedures applicable to traffic offenses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (c), Article 45.0511, Code of Criminal
 1-6     Procedure, as added by Chapter 1545, Acts of the 76th Legislature,
 1-7     Regular Session, 1999, is reenacted and amended to read as follows:
 1-8           (c)  Subsection (b)(1) applies only if:
 1-9                 (1)  the person enters a plea in person or in writing
1-10     of no contest or guilty and, before the answer date on the notice
1-11     to appear:
1-12                       (A)  presents in person to the court an oral or
1-13     written request to take a course; or
1-14                       (B)  sends to the court by certified mail, return
1-15     receipt requested, postmarked on or before the answer date on the
1-16     notice to appear, a written request to take a course;
1-17                 (2)  the court enters judgment on the person's plea of
1-18     no contest or guilty at the time the plea is made but defers
1-19     imposition of the judgment for 90 [180] days;
1-20                 (3)  the person has a Texas driver's license or permit;
1-21                 (4)  the person is charged with an offense to which
1-22     this article applies, other than speeding 25 miles per hour or more
1-23     over the posted speed limit;
1-24                 (5)  the person provides evidence of financial
 2-1     responsibility as required by Chapter 601, Transportation Code;
 2-2                 (6)  the defendant's driving record as maintained by
 2-3     the Texas Department of Public Safety shows the defendant has not
 2-4     completed an approved driving safety course or motorcycle operator
 2-5     training course, as appropriate, within the 12 months preceding the
 2-6     date of the offense; and
 2-7                 (7)  the defendant files an affidavit with the court
 2-8     stating that the person is not taking a course under this section
 2-9     and has not completed a course that is not shown on the person's
2-10     driving record within the 12 months preceding the date of the
2-11     offense.
2-12           SECTION 2.  Article 45.541, Code of Criminal Procedure, as
2-13     added by Chapter 1387, Acts of the 76th Legislature, Regular
2-14     Session, 1999, is repealed.
2-15           SECTION 3. (a)  This Act takes effect September 1, 2001.
2-16           (b)  The change in law made by this Act applies only to an
2-17     offense committed on or after September 1, 2001.
2-18           (c)  An offense committed before September 1, 2001, is
2-19     covered by the law in effect when the offense was committed, and
2-20     the former law is continued in effect for that purpose.  For
2-21     purposes of this section, an offense was committed before September
2-22     1, 2001, if any element of the offense was committed before that
2-23     date.
2-24           SECTION 4.  To the extent of any conflict, this Act prevails
2-25     over another Act of the 77th Legislature, Regular Session, 2001,
2-26     relating to nonsubstantive additions and corrections in enacted
2-27     codes.