HBA-GUM, KMH H.B. 1603 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1603
By: Thompson
Judicial Affairs
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, state law addressed deferred
adjudication of traffic offenses in both the Code of Criminal Procedure and
the Transportation Code, requiring justices of the peace and municipal
judges to use both codes.  In some cases, the policies and procedures in
the two codes were in conflict and in others they overlaped or were
redundant.  H.B. 1603 places deferred adjudication of traffic offenses only
in the Code of Criminal Procedure by adding Article 45.541 (Deferred
Disposition Procedures Applicable to Traffic Offenses) and removing
provisions from the Transportation Code. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 45.54, Code of Criminal Procedure, by creating
Sections (a)-(e)  from existing text. Removes the prohibition against the
application of this article to a misdemeanor case disposed of by Section
143A (Uniform Act Regulating Traffic on Highways), Article 6701d, V.T.C.S.,
or a serious traffic violation as defined in Section 3(26) (Texas
Commercial Driver's License Act), Article 6687b-2, V.T.C.S.  Deletes
requirements that a defendant successfully complete a driving safety course
approved by the Central Education Agency under this article (these
requirements appear in Article 45.541, as added by this bill).  Makes
conforming changes. 

SECTION 2.  Amends Chapter 45, Code of Criminal Procedure, by adding
Article 45.541, as follows: 

Art.  45.541.  DEFERRED DISPOSITION PROCEDURES APPLICABLE TO TRAFFIC
OFFENSES.  (a) Applies this  article if the offense alleged is an offense
involving the operation of a motor vehicle, other than a commercial motor
vehicle, as defined by Section 522.003, Transportation Code, in addition to
the provisions of Article 45.54 (Suspension of Sentence and Deferral of
Final Disposition), Code of Criminal Procedure. 

(b) Requires a justice, during a deferral period under Article 45.54, Code
of Criminal Procedure (deferral period) to require a defendant to
successfully complete a Texas Education Agency-approved driving safety
course (course) if the defendant elects deferred disposition and the
defendant has not completed a course or motorcycle operator training course
within the preceding 12 months.  Authorizes a justice, during a deferral
period, to require a defendant to successfully complete a course, if the
defendant has completed a course within the preceding 12 months. 

(c) Provides conditions under which a justice is required to require a
defendant to successfully complete a course. 

(d) Authorizes the court to allow a defendant to take a driving safety
course or motor  cycle operator training course under this chapter,
notwithstanding whether a person enters a plea in person or in writing
appropriately directed to the court, as described in Subsection (c). 

(e) Provides that a request to take a course is an appearance in compliance
with the person's promise to appear. 

(f) Authorizes the court to charge an inclusive fee, not to exceed $10, to
cover the costs of administering this article. 

(g) Prohibits refunds in the absense of taking a requested course.

(h) Requires the fees collected by a municipal court to be deposited in the
municipal treasury, and the fee collected by any other court to be
deposited them in the treasury of the county in which the court is located. 

(i) Requires a court, if a person requesting a course fails to furnish
evidence of successful completion of the course, to notify the person in
writing of that failure, and require the person to appear at a specified
time and place and show cause why the evidence was not timely submitted to
the court. 

(j) Provides that it is a misdemeanor punishable as provided by Section
543.009 (Compliance With or Violation of Promise to Appear), Transportation
Code, for failure to appear in accordance with Subdivision (j). 

(k) Authorizes a court to grant an extension on a showing of good cause.

(l) Requires a court to remove the judgment, to dismiss the charge, and to
report the date of successful completion of the course and whether it was
taken in accordance with this article to the Department of Public Safety. 

(m) Prohibits the dismissal of more than one charge for each completed
course. 

(n) Prohibits a charge dismissed under this article from appearing on the
person's driving record or being used for any other purpose. 

(o) Prohibits a motor vehicle insurer from canceling or increasing the
premium because the insured completed a course or had a charge dismissed
under this article. 

(p) Requires a court to advise a person charged with a misdemeanor under
Subtitle C (Rules of the Road), Title 7, Transportation Code, under
specified conditions.  Prohibits application of this article to a violation
under Sections 545.066 (Passing a School Bus; Offense), 545.401 (Reckless
Driving; Offense), 545.421 (Fleeing or Attempting to Elude Police Officer;
Offense), 550.022 (Accident Involving Damage to Vehicle), 550.023 (Duty to
Give Information and Render Aid), Transportation Code, or a serious traffic
violation as defined by Section 522.003 (Definitions), Transportation Code. 

(q)  Requires that nothing in this article prevent a court from assessing a
special expense for deferred disposition in the same manner as provided for
in Article 45.54.  Authorizes the court to only collect a fee of up to $10
in addition to any applicable court cost for a deferred disposition under
Subsection (b)(1). 

SECTION 3.  Repealer: Sections 543.102 (Notice of Right to Complete
Course), 543.103 (Mandatory Deferral), 543.104 (Permissive Deferral),
543.105 (Timely Request Constitutes Appearance), 543.106 (Fee for Request),
543.107 (Failure to Present Evidence of Course Completion), 543.108 (Court
Procedures on Successful Course Completion), 543.109 (Dismissal Limited to
One Charge), 543.110 (Use of Information Regarding Dismissed Charge or
Completed  Course), Transportation Code. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.