HBA-DMD, RAR H.B. 707 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 707
By: Tillery
Public Safety
7/27/1999
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Section 548.605, Transportation Code, did
not clarify the meaning of the term "working day." In addition, prior law
authorized a court to dismiss a charge pertaining to driving with an
expired license, provided that the driver met certain conditions and
authorized the court to assess an administrative fee not to exceed $10 when
the charge of driving with an expired inspection certificate had been
remedied. H.B. 707 defines "working day" and requires a court to dismiss a
charge of driving with an expired inspection certificate provided that the
defendant obtains a new inspection certificate within 10 working days and
the inspection certificate has not been expired for more than 60 days. This
bill also requires a court to assess an administrative fee not to exceed
$10 when the charge of driving with an expired inspection certificate has
been remedied. It authorizes the court to dismiss a charge of driving with
an expired inspection certificate that has been expired for more than 60
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 548.605, Transportation Code, as follows:

Sec. 548.605. DISMISSAL OF CHARGE;  ADMINISTRATIVE FEE. (a) Defines
"working day" as any day other than a Saturday, a Sunday, or a holiday on
which county offices are closed. 

(b) Requires, rather than authorizes, a court to dismiss a charge of
driving with an expired inspection certificate if the inspection
certificate has not been expired for more than 60 days. Makes conforming
changes. 

(c) Authorizes the court to dismiss a charge of driving with an expired
inspection certificate that has been expired for more than 60 days,
notwithstanding Subsection (b). 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.