HBA-KMH C.S.H.B. 1603 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1603 By: Thompson Judicial Affairs 3/19/1999 Committee Report (Substituted) 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. In some cases, the policies and procedures in the two codes are in conflict and in others they overlap or are redundant. C.S.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. 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. 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). 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. SECTION 3. Amend 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. Effective date: September 1, 1999. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 2: C.S.H.B. 1603, as amended, modifies the original by changing the title of Article 45.541 to "Deferred Disposition Procedures Applicable to Traffic Offense," rather than "Deferral of Certain Motor Vehicle Offenses." C.S.H.B. 1603 modifies the original by assigning the definition of commercial motor vehicle as defined by Section 522.003, Transportation Code, rather than as defined in the Texas Commercial Driver's License Act. Further, the substitute modifies the original by withdrawing eligibility requirements of a defendant required by a justice to take an approved driver safety course. C.S.H.B. 1603 modifies the original by providing further in new Subsection (c) conditions under which a justice is required to require a defendant to successfully complete an approved driver's safety course, as follows: that the defendant's driving record as maintained by the Department of Public Safety (DPS) show the defendant has not completed an approved driving safety course or motor cycle operator training course, as appropriate, within the twelve months preceding the date of the offense; and, that the defendant file an affidavit with the court stating that the person is not taking a course under this section and has not completed a course that is not shown on the person's driving record within the twelve months preceding the date of the offense. The substitute modifies the original in the following nonsubstantive ways: _Joins Subsection (c), Article 45.541, with Subsection (b), Article 45.541, as Subdivision (2); _Redesignates Subsections (d)-(q), Article 45.541, to Subsections (c)-(p), Article 45.541; _Adds new Subdivisions (3) and (4), to Subsection (c), Article 45.541; and _Redesignating Subdivisions (3)-(5), Article 45.541, of the original as Subdivisions (5)-(7), Article 45.541. SECTION 6: C.S.H.B. 1603 provides that the effective date of this act is September 1, 1999. SECTION 7: Redesignated from SECTION 6 of the original.