HBA-NLM, BTC H.B. 851 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 851
By: Flores
Criminal Jurisprudence
4/23/1999
Introduced



BACKGROUND AND PURPOSE 

Under Section 543.103 (Mandatory Deferral), Transportation Code, a court is
required to defer proceedings and allow a person to take an approved
driving safety course or, if the offense was committed while operating a
motorcycle, or an approved motorcycle operator training course. 

H.B. 851 provides that the provisions in the law authorizing the dismissal
of a charge for certain speeding offenses upon completion of a driving
safety course only if more than one year has elapsed since the defendant
last took such a course, do not apply if the offense charged is for
speeding less than 25 miles per hour over the posted speed limit.   

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 543.103, Transportation Code, by amending
Subsection (b) and adding Subsection (d), to provide that provisions in the
law authorizing the dismissal of a charge for certain speeding offenses
upon completion of a driving safety course, which require at least one year
to have elapsed since the defendant last took such a course, do not apply
if the offense charged is speeding less than 25 miles per hour over the
posted speed limit.   

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.