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78R5626 JD-D

By:  Goolsby                                                      H.B. No. 1371



A BILL TO BE ENTITLED

AN ACT

relating to the completion of a driving safety course as a condition 
of deferred disposition for a traffic offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsections (b) and (c), Article 45.0511, Code 
of Criminal Procedure, are amended to read as follows:
	(b)  During the deferral period under Article 45.051, the 
justice:           
		(1)  shall require the defendant to successfully 
complete a driving safety course approved by the Texas Education 
Agency if the defendant elects deferred disposition and the 
defendant has not completed an approved driving safety course or 
motorcycle operator training course, as appropriate, within the 
preceding six [12] months; and
		(2)  may require the defendant to successfully complete 
a driving safety course approved by the Texas Education Agency if 
the defendant has completed an approved driving safety course 
within the preceding six [12] months.
	(c)  Subsection (b)(1) applies only if:                                        
		(1)  the person enters a plea in person or in writing of 
no contest or guilty and, before the answer date on the notice to 
appear:
			(A)  presents in person to the court an oral or 
written request to take a course;  or
			(B)  sends to the court by certified mail, return 
receipt requested, postmarked on or before the answer date on the 
notice to appear, a written request to take a course;
		(2)  the court enters judgment on the person's plea of 
no contest or guilty at the time the plea is made but defers 
imposition of the judgment for 180 days;
		(3)  the person has a Texas driver's license or permit;                       
		(4)  the person is charged with an offense to which this 
article applies, other than speeding 25 miles per hour or more over 
the posted speed limit;
		(5)  the person provides evidence of financial 
responsibility as required by Chapter 601, Transportation Code;
		(6)  the defendant's driving record as maintained by 
the Texas Department of Public Safety shows the defendant has not 
completed an approved driving safety course or motorcycle operator 
training course, as appropriate, within the six [12] months 
preceding the date of the offense;  and
		(7)  the defendant files an affidavit with the court 
stating that the person is not taking a course under this section 
and has not completed a course that is not shown on the person's 
driving record within the six [12] months preceding the date of the 
offense.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to a 
defendant who on or after September 1, 2003, requests deferred 
disposition under Chapter 45, Code of Criminal Procedure.  A 
defendant who before September 1, 2003, requests deferred 
disposition is covered by the law in effect when the request was 
made, and the former law is continued in effect for this purpose.