Bill Text: TX HB2185 | 2011-2012 | 82nd Legislature | Introduced

---

Bill Title: Relating to the eligibility of commercial driver's license holders for dismissal of certain charges on completion of a driving safety course.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-04-06 - No action taken in committee [HB2185 Detail]

Download: Texas-2011-HB2185-Introduced.html

---

82R7683 NAJ-D
By: Harper-Brown H.B. No. 2185

A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of commercial driver's license holders
for dismissal of certain charges on completion of a driving safety
course.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.051(f), Code of Criminal Procedure,
is amended to read as follows:
(f) This article does not apply to[:
[(1)] an offense to which Section 542.404,
Transportation Code, applies[; or
[(2) a violation of a state law or local ordinance
relating to motor vehicle control, other than a parking violation,
committed by a person who:
[(A) holds a commercial driver's license; or
[(B) held a commercial driver's license when the
offense was committed].
SECTION 2. Article 45.0511, Code of Criminal Procedure, is
amended by amending Subsections (b), (c), and (c-1) and adding
Subsection (v) to read as follows:
(b) The judge shall require the defendant to successfully
complete a driving safety course approved by the Texas Education
Agency or a course under the motorcycle operator training and
safety program approved by the designated state agency under
Chapter 662, Transportation Code, if:
(1) the defendant elects driving safety course or
motorcycle operator training course dismissal under this article;
(2) the defendant:
(A) has not completed an approved driving safety
course or motorcycle operator training course, as appropriate,
within the 12 months preceding the date of the offense if the
defendant:
(i) does not hold a commercial driver's
license; or
(ii) did not hold a commercial driver's
license when the offense was committed; [or]
(B) does not have a valid Texas driver's license
or permit, is a member, or the spouse or dependent child of a
member, of the United States military forces serving on active
duty, and has not completed a driving safety course or motorcycle
operator training course, as appropriate, in another state within
the 12 months preceding the date of the offense; or
(C) has not completed an approved driving safety
course or motorcycle operator training course, as appropriate,
within the 48 months preceding the date of the offense if the
defendant:
(i) holds a commercial driver's license; or
(ii) held a commercial driver's license
when the offense was committed;
(3) the defendant enters a plea under Article 45.021
in person or in writing of no contest or guilty on or before the
answer date on the notice to appear and:
(A) presents in person or by counsel to the court
a request to take a course; or
(B) sends to the court by certified mail, return
receipt requested, postmarked on or before the answer date on the
notice to appear, a written request to take a course;
(4) the defendant:
(A) has a valid Texas driver's license or permit,
including a commercial driver's license; or
(B) is a member, or the spouse or dependent child
of a member, of the United States military forces serving on active
duty;
(5) the defendant is charged with an offense to which
this article applies, other than speeding at a speed of:
(A) 95 miles per hour or more; or
(B) 25 miles per hour or more over the posted
speed limit; [and]
(6) the defendant provides evidence of financial
responsibility as required by Chapter 601, Transportation Code; and
(7) the defendant was not operating a commercial motor
vehicle at the time of the alleged offense.
(c) The court shall enter judgment on the defendant's plea
of no contest or guilty at the time the plea is made, defer
imposition of the judgment, and allow the defendant 90 days to
successfully complete the approved driving safety course or
motorcycle operator training course and present to the court:
(1) a uniform certificate of completion of the driving
safety course or a verification of completion of the motorcycle
operator training course;
(2) unless the judge proceeds under Subsection (c-1),
the defendant's driving record as maintained by the Department of
Public Safety, if any, showing that the defendant had not completed
an approved driving safety course or motorcycle operator training
course, as applicable, within the:
(A) 12 months preceding the date of the offense
if the defendant:
(i) does not hold a commercial driver's
license; or
(ii) did not hold a commercial driver's
license when the offense was committed; or
(B) 48 months preceding the date of the offense
if the defendant:
(i) holds a commercial driver's license; or
(ii) held a commercial driver's license
when the offense was committed;
(3) an affidavit stating that the defendant was not
taking a driving safety course or motorcycle operator training
course, as applicable, under this article on the date the request to
take the course was made and had not completed such a course that is
not shown on the defendant's driving record within the:
(A) 12 months preceding the date of the offense
if the defendant:
(i) does not hold a commercial driver's
license; or
(ii) did not hold a commercial driver's
license when the offense was committed; or
(B) 48 months preceding the date of the offense
if the defendant:
(i) holds a commercial driver's license; or
(ii) held a commercial driver's license
when the offense was committed; and
(4) if the defendant does not have a valid Texas
driver's license or permit and is a member, or the spouse or
dependent child of a member, of the United States military forces
serving on active duty, an affidavit stating that the defendant was
not taking a driving safety course or motorcycle operator training
course, as appropriate, in another state on the date the request to
take the course was made and had not completed such a course within
the 12 months preceding the date of the offense.
(c-1) In this subsection, "TexasOnline" has the meaning
assigned by Section 2054.003, Government Code. As an alternative
to receiving the defendant's driving record under Subsection
(c)(2), the judge, at the time the defendant requests a driving
safety course or motorcycle operator training course dismissal
under this article, may require the defendant to pay a fee in an
amount equal to the sum of the amount of the fee established by
Section 521.048, Transportation Code, and the TexasOnline fee and,
using TexasOnline, may request the Texas Department of Public
Safety to provide the judge with a copy of the defendant's driving
record that shows the information described by Section 521.047(b),
Transportation Code. As soon as practicable and using TexasOnline,
the Texas Department of Public Safety shall provide the judge with
the requested copy of the defendant's driving record. The fee
authorized by this subsection is in addition to any other fee
required under this article. If the copy of the defendant's driving
record provided to the judge under this subsection shows that the
defendant has not completed an approved driving safety course or
motorcycle operator training course, as appropriate, within the 12
months preceding the date of the offense if the defendant does not
hold a commercial driver's license or did not hold a commercial
driver's license when the offense was committed or within the 48
months preceding the date of the offense if the defendant holds a
commercial driver's license or held a commercial driver's license
when the offense was committed, the judge shall allow the defendant
to complete the appropriate course as provided by this article. The
custodian of a municipal or county treasury who receives fees
collected under this subsection shall keep a record of the fees and,
without deduction or proration, forward the fees to the
comptroller, with and in the manner required for other fees and
costs received in connection with criminal cases. The comptroller
shall credit fees received under this subsection to the Texas
Department of Public Safety.
(v) In this section, "commercial motor vehicle" has the
meaning assigned by Section 522.003, Transportation Code.
SECTION 3. Article 45.0511(s), Code of Criminal Procedure,
is repealed.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For the
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2011.