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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; and |
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(B) was operating a commercial motor vehicle, as |
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defined by Section 522.003, Transportation Code, at the time the |
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offense was committed. |
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SECTION 2. Article 45.0511(b), Code of Criminal Procedure, |
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is amended 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; 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; |
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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, as defined by Section 522.003, Transportation Code, at the |
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time of the alleged offense. |
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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, 2013. |