HBA-RBT S.B. 1567 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1567 By: West Judicial Affairs 5/3/1999 Engrossed BACKGROUND AND PURPOSE Currently, persons issued a traffic citation may resolve the citation by enrolling in a defensive driving course. Many traffic citations are disposed of by justice of the peace courts or municipal courts. An individual is assessed a $10 request fee to dismiss the citation by taking a driving safety course. In addition to this fee, an individual may be assessed an additional authorized fee to cover court costs. When an individual appeals a ruling made by a justice or municipal court, an appeals court may only assess a $10 request fee and is not authorized to charge any fees to cover court costs. This loophole invites individuals to appeal a ruling of a lower court simply to lower the out-of-pocket expense to an individual for requesting dismissal of a traffic citation through a driving safety course. S.B. 1567 authorizes a court to require a fee for a driving safety course under the mandatory deferral rule. This bill also authorizes a court to require a person requesting a driving safety course under the permissive deferral rule to pay a fee at an amount not more than $50, including other authorized fees for costs. 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 543.106(a), Transportation Code, as follows: Sec. 543.106. FEE FOR REQUEST. (a) Limits a court's authorization to require a fee to be paid under this subsection only to requests for a driving safety course under Section 543.103 (Mandatory Deferral). Authorizes a court to require a person requesting a driving safety course under Section 543.104 (Permissive Deferral) to pay a fee set by the court at an amount of not more than $50, including any other fee authorized by statute or municipal ordinance, to cover the cost of administering this subchapter (Dismissal of Certain Misdemeanor Charges on Completing Driving Safety Course). SECTION 2. Emergency clause. Effective date: upon passage.