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A BILL TO BE ENTITLED
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AN ACT
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relating to certain offenses and fees imposed for operating a motor |
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vehicle or vessel in violation of law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 502.404, Transportation Code, is amended |
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by adding Subsections (f) and (g) to read as follows: |
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(f) A court may dismiss a charge brought under Subsection |
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(a) if the defendant: |
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(1) remedies the defect before the defendant's first |
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court appearance; and |
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(2) pays an administrative fee not to exceed $10. |
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(g) A court may dismiss a charge brought under Subsection |
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(b) if the defendant: |
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(1) shows that: |
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(A) the passenger car or commercial motor vehicle |
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was issued a registration insignia by the department that |
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establishes that the vehicle was registered for the period during |
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which the offense was committed; and |
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(B) the registration insignia described in |
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Paragraph (A) was attached to the passenger car or commercial motor |
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vehicle before the defendant's first court appearance; and |
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(2) pays an administrative fee not to exceed $10. |
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SECTION 2. Section 502.409, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) A court may dismiss a charge brought under Subsection |
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(a)(3), (5), (6), or (7) if the defendant: |
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(1) remedies the defect before the defendant's first |
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court appearance; and |
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(2) pays an administrative fee not to exceed $10. |
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SECTION 3. Section 521.025, Transportation Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) The court may assess a defendant an administrative fee |
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not to exceed $10 if a charge under this section is dismissed |
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because of the defense listed under Subsection (d). |
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SECTION 4. Section 521.054, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) A court may dismiss a charge for a violation of this |
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section if the defendant: |
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(1) remedies the defect not later than the 10th |
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working day after the date of the offense; and |
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(2) pays an administrative fee not to exceed $10. |
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SECTION 5. Section 521.221, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) A court may dismiss a charge for a violation of this |
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section if: |
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(1) the restriction or endorsement was imposed: |
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(A) because of a physical condition that was |
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surgically or otherwise medically corrected before the date of the |
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offense; or |
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(B) in error and that fact is established by the |
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defendant; |
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(2) the department removes the restriction or |
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endorsement before the defendant's first court appearance; and |
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(3) the defendant pays an administrative fee not to |
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exceed $10. |
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SECTION 6. Subsections (a) and (b), Section 545.412, |
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Transportation Code, are amended to read as follows: |
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(a) A person commits an offense if the person operates a |
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passenger vehicle, transports a child who is younger than eight |
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[five] years of age, unless the child is taller than four feet, nine |
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inches [and less than 36 inches in height], and does not keep the |
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child secured during the operation of the vehicle in a child |
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passenger safety seat system according to the instructions of the |
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manufacturer of the safety seat system. |
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(b) An offense under this section is a misdemeanor |
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punishable by a fine of not [less than $100 or] more than $25 |
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[$200]. Notwithstanding any other law, a municipality or county |
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shall remit each fine collected under this section to the |
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comptroller for deposit in a separate account in the general |
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revenue fund that may be appropriated only to the Texas Department |
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of Transportation and used to purchase child passenger safety seat |
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systems and distribute them to low-income families. Chapter 133, |
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Local Government Code, applies to a fine collected under this |
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section. |
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SECTION 7. Section 547.004, Transportation Code, is amended |
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by adding Subsections (c) and (d) to read as follows: |
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(c) A court may dismiss a charge brought under this section |
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if the defendant: |
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(1) remedies the defect before the defendant's first |
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court appearance; and |
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(2) pays an administrative fee not to exceed $10. |
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(d) Subsection (c) does not apply to an offense involving a |
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commercial motor vehicle. |
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SECTION 8. Section 133.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 133.003. CRIMINAL FEES. This chapter applies to the |
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following criminal fees: |
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(1) the consolidated fee imposed under Section |
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133.102; |
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(2) the time payment fee imposed under Section |
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133.103; |
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(3) fees for services of peace officers employed by |
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the state imposed under Article 102.011, Code of Criminal |
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Procedure, and forwarded to the comptroller as provided by Section |
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133.104; |
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(4) costs on conviction imposed in certain statutory |
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county courts under Section 51.702, Government Code, and deposited |
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in the judicial fund; |
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(5) costs on conviction imposed in certain county |
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courts under Section 51.703, Government Code, and deposited in the |
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judicial fund; |
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(6) the administrative fee for failure to appear or |
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failure to pay or satisfy a judgment imposed under Section 706.006, |
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Transportation Code; |
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(7) fines on conviction imposed under Section 545.412 |
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or 621.506(g), Transportation Code; |
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(8) the fee imposed under Article 102.0045, Code of |
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Criminal Procedure; and |
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(9) the cost on conviction imposed under Section |
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133.105 and deposited in the judicial fund. |
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SECTION 9. Section 31.127, Parks and Wildlife Code, is |
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amended by amending Subsection (c) and adding Subsection (f) to |
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read as follows: |
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(c) Except as provided by Subsection (f), a [A] person who |
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operates a vessel in violation of Section 31.021(b) or 31.095 |
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commits an offense punishable by a fine of not less than $100 or |
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more than $500. |
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(f) A court may dismiss a charge of operating a vessel with |
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an expired certificate of number under Section 31.021 if: |
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(1) the defendant remedies the defect not later than |
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the 10th working day after the date of the offense and pays an |
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administrative fee not to exceed $10; and |
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(2) the certificate of number has not been expired for |
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more than 60 days. |
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SECTION 10. (a) Subject to Subsection (c) of this section, |
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the changes in law made by this Act apply only to an offense |
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committed on or after the effective date of this Act. For the |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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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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(c) For an offense under Section 545.412, Transportation |
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Code, as amended by this Act, that would not have been an offense |
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under that section before this Act took effect, if the child who is |
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the subject of the offense is secured by a safety belt: |
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(1) the offense may be prosecuted only if the offense |
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occurs on or after June 1, 2008; and |
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(2) before June 1, 2008, a law enforcement officer may |
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not arrest or issue a notice to appear to a person committing the |
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offense, but may issue to the person a warning to comply with |
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Section 545.412, Transportation Code, as amended by this Act. |
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SECTION 11. This Act takes effect September 1, 2007. |
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