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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of commercial driver's license holders |
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for dismissal of certain charges on completion of a driving safety |
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course. |
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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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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, |
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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 violation,
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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]. |
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SECTION 2. Article 45.0511, Code of Criminal Procedure, is |
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amended by amending Subsections (b), (c), and (c-1) and adding |
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Subsection (v) to read as follows: |
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(b) The judge shall require the defendant to successfully |
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complete a driving safety course approved by the Texas Education |
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Agency or a course under the motorcycle operator training and |
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safety program approved by the designated state agency under |
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Chapter 662, Transportation Code, if: |
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(1) the defendant elects driving safety course or |
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motorcycle operator training course dismissal under this article; |
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(2) the defendant: |
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(A) has not completed an approved driving safety |
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course or motorcycle operator training course, as appropriate, |
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within the 12 months preceding the date of the offense if the |
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defendant: |
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(i) does not hold a commercial driver's |
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license; or |
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(ii) did not hold a commercial driver's |
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license when the offense was committed; [or] |
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(B) does not have a valid Texas driver's license |
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or permit, is a member, or the spouse or dependent child of a |
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member, of the United States military forces serving on active |
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duty, and has not completed a driving safety course or motorcycle |
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operator training course, as appropriate, in another state within |
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the 12 months preceding the date of the offense; or |
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(C) has not completed an approved driving safety |
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course or motorcycle operator training course, as appropriate, |
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within the 48 months preceding the date of the offense if the |
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defendant: |
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(i) holds a commercial driver's license; or |
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(ii) held a commercial driver's license |
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when the offense was committed; |
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(3) the defendant enters a plea under Article 45.021 |
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in person or in writing of no contest or guilty on or before the |
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answer date on the notice to appear and: |
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(A) presents in person or by counsel to the court |
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a request to take a course; or |
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(B) sends to the court by certified mail, return |
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receipt requested, postmarked on or before the answer date on the |
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notice to appear, a written request to take a course; |
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(4) the defendant: |
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(A) has a valid Texas driver's license or permit, |
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including a commercial driver's license; or |
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(B) is a member, or the spouse or dependent child |
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of a member, of the United States military forces serving on active |
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duty; |
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(5) the defendant is charged with an offense to which |
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this article applies, other than speeding at a speed of: |
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(A) 95 miles per hour or more; or |
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(B) 25 miles per hour or more over the posted |
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speed limit; [and] |
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(6) the defendant provides evidence of financial |
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responsibility as required by Chapter 601, Transportation Code; and |
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(7) the defendant was not operating a commercial motor |
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vehicle at the time of the alleged offense. |
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(c) The court shall enter judgment on the defendant's plea |
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of no contest or guilty at the time the plea is made, defer |
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imposition of the judgment, and allow the defendant 90 days to |
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successfully complete the approved driving safety course or |
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motorcycle operator training course and present to the court: |
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(1) a uniform certificate of completion of the driving |
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safety course or a verification of completion of the motorcycle |
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operator training course; |
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(2) unless the judge proceeds under Subsection (c-1), |
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the defendant's driving record as maintained by the Department of |
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Public Safety, if any, showing that the defendant had not completed |
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an approved driving safety course or motorcycle operator training |
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course, as applicable, within the: |
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(A) 12 months preceding the date of the offense |
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if the defendant: |
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(i) does not hold a commercial driver's |
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license; or |
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(ii) did not hold a commercial driver's |
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license when the offense was committed; or |
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(B) 48 months preceding the date of the offense |
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if the defendant: |
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(i) holds a commercial driver's license; or |
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(ii) held a commercial driver's license |
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when the offense was committed; |
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(3) an affidavit stating that the defendant was not |
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taking a driving safety course or motorcycle operator training |
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course, as applicable, under this article on the date the request to |
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take the course was made and had not completed such a course that is |
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not shown on the defendant's driving record within the: |
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(A) 12 months preceding the date of the offense |
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if the defendant: |
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(i) does not hold a commercial driver's |
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license; or |
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(ii) did not hold a commercial driver's |
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license when the offense was committed; or |
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(B) 48 months preceding the date of the offense |
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if the defendant: |
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(i) holds a commercial driver's license; or |
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(ii) held a commercial driver's license |
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when the offense was committed; and |
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(4) if the defendant does not have a valid Texas |
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driver's license or permit and is a member, or the spouse or |
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dependent child of a member, of the United States military forces |
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serving on active duty, an affidavit stating that the defendant was |
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not taking a driving safety course or motorcycle operator training |
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course, as appropriate, in another state on the date the request to |
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take the course was made and had not completed such a course within |
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the 12 months preceding the date of the offense. |
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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 the defendant's driving record under Subsection |
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(c)(2), the judge, at the time the defendant requests a driving |
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safety course or motorcycle operator training course dismissal |
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under this article, may require the defendant to pay a fee in an |
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amount equal to the sum of the amount of the fee established by |
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Section 521.048, Transportation Code, and the TexasOnline fee and, |
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using TexasOnline, may request the Texas Department of Public |
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Safety to provide the judge with a copy of the defendant's driving |
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record that shows the information described by Section 521.047(b), |
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Transportation Code. As soon as practicable and using TexasOnline, |
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the Texas Department of Public Safety shall provide the judge with |
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the requested copy of the defendant's driving record. The fee |
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authorized by this subsection is in addition to any other fee |
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required under this article. If the copy of the defendant's driving |
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record provided to the judge under this subsection shows that the |
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defendant has not completed an approved driving safety course or |
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motorcycle operator training course, as appropriate, within the 12 |
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months preceding the date of the offense if the defendant does not |
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hold a commercial driver's license or did not hold a commercial |
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driver's license when the offense was committed or within the 48 |
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months preceding the date of the offense if the defendant holds a |
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commercial driver's license or held a commercial driver's license |
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when the offense was committed, the judge shall allow the defendant |
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to complete the appropriate course as provided by this article. The |
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custodian of a municipal or county treasury who receives fees |
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collected under this subsection shall keep a record of the fees and, |
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without deduction or proration, 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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(v) In this section, "commercial motor vehicle" has the |
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meaning assigned by Section 522.003, Transportation Code. |
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SECTION 3. Article 45.0511(s), Code of Criminal Procedure, |
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is repealed. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For the |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2011. |