HBA-KMH H.B. 2316 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2316
By: Maxey
Judicial Affairs
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Court costs assessed upon conviction of misdemeanor traffic offenses have
climbed significantly in the past 25 years.  Under limited circumstances,
judges may dismiss certain charges without payment of court costs when a
presumably unintentional infraction, such as an expired vehicle
registration or driver's license, is remedied.  In these cases, the driver
provides proof of the remedy and pays a $10 dismissal fee. 

There are numerous unintentional infractions, however, for which a judge
does not have the option of dismissing court costs.  Specifically, court
costs must be applied to infractions related to vehicle equipment
violations such as burned out tail lights and cracked windshields.  

H.B. 2316 authorizes a judge to dismiss a vehicle equipment violation and
to assess a $10 court cost if the defendant remedies the defect within 10
working days. 

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 Section 547.004, Transportation Code, by adding
Subsection (c), as follows: 

(c) Authorizes a judge having jurisdiction over an offense under this
section to dismiss the charge if the defendant remedies the defect within
10 working days, and to assess an administrative fee not to exceed $10 when
the charge is dismissed. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.