BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 395

80R4220 DWS-F                                                                                                               By: Harris

Jurisprudence

4/3/2007

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Current law authorizes a court to dismiss an offense of driving with an expired registration, expired driver's license, or expired inspection certificate if the defendant remedies the defect within 10 days and authorizes the court to assess fee not to exceed $10.

As proposed, S.B. 395 extends the deadlines for a defendant to remedy a defect to within 20 working days, rather than 10, for an offense of driving with an expired registration, expired driver's license, or expired inspection certificate, and increases the authorized fee to up to $20, rather than $10.

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 Section 502.407(b), Transportation Code, to authorize a justice of the peace or municipal court judge to dismiss a charge of driving with an expired motor vehicle registration if the defendant remedies the defect not later than the 20th working day, rather than the 10th, after the date of the offense or before the defendant's first court appearance date, whichever is later.  Increases the administrative fee not to exceed $20, rather than $10, that the judge is authorized to assess when the charge is dismissed.

SECTION 2.  Amends Section 521.026 (Dismissal of Expired License Charge), Transportation Code, to authorize a judge to dismiss a charge of driving with an expired license if the defendant remedies the defect within 20 working days, rather than 10, or before the defendant's first court appearance date, whichever is later.  Authorizes the judge to assess the defendant an administrative fee not to exceed $20, rather than $10, when the charge of driving with an expired driver's license is dismissed.

SECTION 3.  Amends Section 548.605(b), Transportation Code, to require a court to dismiss a charge of driving with an expired inspection certificate if the defendant remedies the defect within 20 working days, rather than 10, or before the defendant's first court appearance date, whichever is later, and if the inspection certificate has not been expired for more than 60 days.  Requires the court to assess an administrative fee not to exceed $20, rather than $10, when the charge of driving with an expired inspection certificate has been remedied.

SECTION 4.  Effective date:  September 1, 2007.