BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 586

80R766 DWS-D                                                                              By: Gonzalez Toureilles (Uresti)

                                                                                                 Transportation & Homeland Security

                                                                                                                                            5/18/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law authorizes some defendants charged with certain traffic offenses to take a driving safety course rather than face other penalties.  The 79th Legislature, Regular Session, 2005, increased the speed limit to 80 miles per hour in some rural areas.  Due to this change and the language of the statute, defendants who are charged with driving at speeds of up to 104 miles per hour are authorized to take such courses.  However, driving at such speeds poses a public safety hazard and eliminating this option for offenses involving those high speeds would serve to better deter such offenses.

 

H.B. 586 prohibits a defendant who is found guilty of driving at a speed higher than 95 miles per hour and issued a speeding ticket from taking a driving safety class to dismiss the ticket.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Article 45.0511(b), Code of Criminal Procedure, to require the judge to require the defendant to successfully complete a driving safety course approved by the Texas Education Agency or a course under the motorcycle operator training and safety program approved by the designated state agency under Chapter 662 (Motorcycle Operator Training and Safety), Transportation Code, if the defendant is charged with an offense to which this article (Driving Safety Course or Motorcycle Operator Course Dismissal Procedures) applies, other than speeding at a speed of 95 miles per hour or more.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2007.