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BILL ANALYSIS

 

 

                                                                                                                                             H.B. 194

                                                                                                                      By: Gonzalez Toureilles

                                                                                                                                     Transportation

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Under current law, if an individual is charged with driving with an expired driver's license and renews their license within 10 days and provides proof of the renewal to the Court, the Court may dismiss that charge and assess a $10 dismissal fee.  Current law requires persons operating a motor vehicle to carry their state issued driver’s license.  If a person is charged with failure to display a driver’s license it is a defense to prosecution if they produce a valid driver’s license for the appropriate vehicle they are operating.  The current statute fails to specifically authorize the court to dismiss such a charge.  House Bill 194 will authorize the court to dismiss the offense and allow for a dismissal fee, not to exceed ten dollars, if a valid driver’s license is provided to the court within ten working days.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

House Bill 194 will amend Section 521.025 of the Transportation Code by adding subsections (f) and (g). 

 

Subsection (f) will allow the court to dismiss a charge under Section 521.025 of the Transportation Code if the defendant is able to provide the court with a valid driver’s license within ten working days. 

 

Subsection (g) will allow the court to also assess a fee, not to exceed ten dollars, at the time of the dismissal.  This change in law only applies to those offenses committed on or after the effective date of this Act.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007