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


Office of House Bill AnalysisH.B. 1603
By: Thompson
Judicial Affairs
3/5/1999
Introduced



BACKGROUND AND PURPOSE 

Current law addresses 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.  However, in some
cases, the policies and procedures in the two codes are in conflict and in
others they overlap or are redundant.  H.B. 1603 places deferred
adjudication of traffic offenses only in the Code of Criminal Procedure by
adding Article 45.541 (Deferral of Certain Motor Vehicle 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.  Transfers all
requirements that a defendant successfully complete a driving safety course
approved by the Central Education Agency under this article to proposed
Article 45.541, of this bill.  Makes conforming changes. 

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

Art.  45.541.  DEFERRAL OF CERTAIN MOTOR VEHICLE 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 in
the Texas Commercial Driver's License Act, 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 has completed a course within the
preceding 12 months, or the defendant is a first-time offender who elects
deferred adjudication. 

(c) Authorizes a justice, during a deferral period, to require a defendant
to successfully complete a course, if the defendant has not completed a
course within the preceding 12 months. 

(d) Provides conditions under which Subsections (b) and (c) are applicable.

(e) Authorizes the court to allow a defendant to take a course or motor
cycle operator training course under this chapter, notwithstanding
Subsection (d)(1). 

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

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

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

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

(j) 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. 

(k) 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). 

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

(m) 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. 

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

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

(p) 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. 

(q) 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. 

SECTION 3.  Amends Section 542.402(b), Transportation Code, to make a
conforming change. 

SECTION 4.  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 5.  Makes application of this Act prospective.

SECTION 6.  Emergency clause.
                       Effective date: 90 days after adjournment.