TO: | Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB1399 by Martinez Fischer (Relating to dismissal of a complaint committed by the holder of a commercial driver's license.), As Introduced |
While the overall fiscal impact to state costs would be insignificant, the enactment of the bill could result in a loss of federal highway fund revenues to the state in an amount of approximately $165.8 million in fiscal year 2008 and $320.3 million each subsequent year.
The bill would amend the Code of Criminal Procedure as it relates to dismissal of a complaint committed by the holder of a commercial driver’s license.
Section 1 of the bill amends the Code of Criminal Procedure, Article 45.051(f) which allows a commercial driver’s license holder who is charged with an offense while not driving a commercial motor vehicle to be eligible to receive deferred adjudication for the offense.
Section 2 of the bill amends the Code of Criminal Procedure, Article 45.0511(s) which allows a commercial driver’s license holder who is charged with an offense while not driving a commercial motor vehicle to be eligible to take a driving safety course for the offense which would result in the dismissal of the offense.
The bill would take effect on September 1, 2007.
The provisions of this bill would put Texas in non-compliance with Title 49, Code of Federal Regulations, Section 384.226 which requires that states must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a commercial driver license holder’s conviction for any violation in any type of motor vehicle of a state of local traffic control law (except a parking violation) from appearing on the driver’s record, whether the driver was convicted for an offense committed in the state where the driver is licensed or in another state.
To be in compliance, each state must meet each and every standard contained in 49 CFR, Part 384. This bill would not meet this compliance requirement, which would result in sanctions imposed on
Source Agencies: | 405 Department of Public Safety
|
LBB Staff: | JOB, ES, GG, JB, LG, DB
|