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