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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing a judge or justice of the peace to request |
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and obtain a copy of certain defendants' driving records from the |
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Department of Public Safety using TexasOnline. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.0511(c-1), Code of Criminal |
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Procedure, is amended to read as follows: |
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(c-1) In this subsection, "TexasOnline" has the meaning |
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assigned by Section 2054.003, Government Code. As an alternative |
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to receiving [presenting] the defendant's driving record [to the
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court] under Subsection (c)(2), the judge, at the time the |
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defendant requests a driving safety course or motorcycle operator |
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training course dismissal under this article, may require the |
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defendant to pay a fee in an amount equal to the amount of the fee |
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established by Section 521.048, Transportation Code, and, using |
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TexasOnline may request the Texas Department of Public Safety to |
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provide the judge with [of $10 for] a copy of the defendant's |
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driving record that shows the information described by Section |
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521.047(b), Transportation Code. As soon as practicable and using |
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TexasOnline, [the judge may obtain a copy of the driving record
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from] the Texas Department of Public Safety shall provide the judge |
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with the requested copy of the defendant's driving record. The |
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[$10] fee authorized by [under] this subsection is in addition to |
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any other fee required under this article. If the copy of the |
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defendant's driving record provided to the judge under this |
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subsection shows that the defendant has not completed an approved |
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driving safety course or motorcycle operator training course, as |
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appropriate, within the 12 months preceding the date of the |
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offense, the judge shall allow the defendant to complete the |
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appropriate course as provided by this article. Fees [The
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custodian of a municipal or county treasury who receives fees] |
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collected under this subsection shall be forwarded to the Texas |
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Department of Public Safety [keep a record of the fees and], without |
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deduction, through the use of TexasOnline [forward the fees to the
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comptroller, with and in the manner required for other fees and
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costs received in connection with criminal cases. The comptroller
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shall credit fees received under this subsection to the Texas
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Department of Public Safety]. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to an offense committed on or after September 1, 2007. |
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(b) An offense committed before September 1, 2007, is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this subsection, an offense was committed before September 1, 2007, |
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if any element of the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |