79R3516 JD-D

By:  Uresti                                                       H.B. No. 2504



A BILL TO BE ENTITLED

AN ACT

relating to the performance of community service as a condition for 
a deferral of adjudication in a misdemeanor traffic case punishable 
by fine only.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 45.051, Code of Criminal Procedure, is 
amended by adding Subsection (b-1) to read as follows:
	(b-1)  This subsection applies only to a defendant who is 
charged with a traffic offense, regardless of whether the defendant 
is a resident of this state.  If under Subsection (b)(10) of this 
article the judge requires the defendant to perform community 
service as a condition of the deferral, the defendant is entitled to 
elect whether to perform the required community service work for:
		(1)  a governmental entity or a nonprofit organization 
that is located in the county in which the court is located; or
		(2)  a governmental entity or a nonprofit organization 
that is located in the county or parish in which the defendant 
resides, but only if the entity or organization agrees to:
			(A)  supervise the defendant in the performance of 
the defendant's community service work; and
			(B)  report to the court on the defendant's 
community service work. 
	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.