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.