78R4632 JD-D

By:  Driver                                                       H.B. No. 2078


A BILL TO BE ENTITLED
AN ACT
relating to court-ordered driving safety courses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended by adding Section 12.50 to read as follows: Sec. 12.50. COURT-ORDERED DRIVER SAFETY COURSE. (a) This section applies only to: (1) an offense under: (A) Subtitle C, Title 7, Transportation Code, committed in a construction or maintenance work zone, as defined by Section 542.404 of that code, when workers are present; (B) Section 545.066, Transportation Code; (C) Section 545.156, Transportation Code; (D) Section 545.351, Transportation Code, if the defendant is charged with speeding 25 miles per hour or more over the posted speed limit; (E) Section 545.401, Transportation Code; (F) Section 545.420, Transportation Code; (G) Section 545.424, Transportation Code; (H) Section 550.021, Transportation Code; or (I) Section 550.022, Transportation Code; or (2) a traffic offense that is a Class C misdemeanor and classified as a moving violation, if at the time of the offense the defendant is 25 years of age or younger. (b) This subsection applies only to a person who is convicted of an offense described by Subsection (a) and is not sentenced to confinement in jail or to a person who is placed on deferred disposition or granted a deferred adjudication for an offense described by Subsection (a). In addition to any fine, charge, administrative fee, or special expense imposed on the defendant, the judge or justice of the court shall order the defendant to successfully complete a driving safety course and present a uniform certificate of course completion to the court within a reasonable period set by the court. (c) If a person required to take a driving safety course under Subsection (b) fails to furnish evidence of the successful completion of the course within the time required by the court, the court may order the Texas Department of Public Safety to suspend the person's driver's license for a period not to exceed 90 days from the date of the order. (d) If at the conclusion of a deferral period, a person who was required to complete a driving safety course as a condition of deferred adjudication or deferred disposition does not present a uniform certificate of course completion, the judge or justice may impose the fine or other sentence on the person. (e) If a person complies with a court's order under Subsection (b), the court shall report the fact that the person successfully completed a driving safety course and the date of completion to the Texas Department of Public Safety for inclusion in the person's driving record. Regardless of whether the court dismisses the charge against the person, the charge shall be part of the person's driving record and may be used for any purpose. (f) An insurer delivering or issuing for delivery a motor vehicle insurance policy in this state: (1) is not prohibited from canceling or increasing the premium charged an insured under the policy because the insured completed a driving safety course under this section; and (2) is not required to grant a premium discount to a person who successfully completes a driving safety course under this section. SECTION 2. (a) This Act takes effect September 1, 2003. (b) The change in law made by this Act applies only to an offense committed on or after September 1, 2003. (c) An offense committed before September 1, 2003, is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2003, if any element of the offense was committed before that date.