79R4060 JD-D

By:  Menendez                                                     H.B. No. 764



A BILL TO BE ENTITLED

AN ACT

relating to the authority of a court to dismiss a charge of 
operating a motor vehicle for which financial responsibility was 
not established.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter G, Chapter 601, Transportation Code, 
is amended by adding Section 601.1935 to read as follows:
	Sec. 601.1935.  FINANCIAL RESPONSIBILITY ESTABLISHED AFTER 
TIME OF OFFENSE.  (a)  It is not an exception to the application of 
Section 601.191 or 601.195, or a defense or an affirmative defense 
to prosecution under those sections, that the person charged 
produces one of the documents listed in Section 601.051 showing 
that financial responsibility for the vehicle involved in the 
offense was established after the time the offense is alleged to 
have occurred.
	(b)  A court may not dismiss a charge under Section 601.191 
or 601.195 on the ground that the person charged has shown that 
financial responsibility for the vehicle involved in the offense 
was established after the time the offense is alleged to have 
occurred.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.