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.