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A BILL TO BE ENTITLED
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AN ACT
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relating to dismissal of a complaint of the offense of speeding |
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committed by the holder of a commercial driver's license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.051(f), Code of Criminal Procedure, |
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as amended by Chapters 281 and 357, Acts of the 79th Legislature, |
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Regular Session, 2005, is amended to read as follows: |
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(f) This article does not apply to: |
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(1) an offense to which Section 542.404 [or
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729.004(b)], Transportation Code, applies; or |
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(2) a violation of a state law or local ordinance |
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relating to motor vehicle control[, other than a parking
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violation,] committed by a person who holds a commercial driver's |
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license [(2)a traffic offense committed by a person who:
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[(A)holds a commercial driver's license;] or |
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[(B)] held a commercial driver's license when the |
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offense was committed, unless the offense is: |
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(A) a parking violation; or |
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(B) speeding and the defendant was not driving a |
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commercial motor vehicle, as defined by Section 522.003, |
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Transportation Code. |
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SECTION 2. Article 45.0511(s), Code of Criminal Procedure, |
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is amended to read as follows: |
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(s) This article does not apply to an offense committed by a |
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person who[:
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[(1)] holds a commercial driver's license[;] or |
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[(2)] held a commercial driver's license when the |
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offense was committed, unless the offense is speeding and the |
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defendant was not driving a commercial motor vehicle, as defined by |
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Section 522.003, Transportation Code. |
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SECTION 3. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For the purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |