Bill Text: TX HB2897 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to driving safety courses for individuals younger than 25 years of age receiving deferred disposition for certain traffic offenses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-05-06 - Committee report sent to Calendars [HB2897 Detail]
Download: Texas-2011-HB2897-Comm_Sub.html
| 82R24816 KYF-F | |||
| By: Naishtat, McClendon | H.B. No. 2897 | ||
| Substitute the following for H.B. No. 2897: | |||
| By: Rodriguez | C.S.H.B. No. 2897 | ||
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| relating to driving safety courses for individuals younger than 25 | ||
| years of age receiving deferred disposition for certain traffic | ||
| offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Effective January 1, 2012, Article 45.051(b-1), | ||
| Code of Criminal Procedure, is amended to read as follows: | ||
| (b-1) If the defendant is younger than 25 years of age and | ||
| the offense committed by the defendant is a traffic offense | ||
| classified as a moving violation: | ||
| (1) Subsection (b)(8) does not apply; | ||
| (2) during the deferral period, the judge: | ||
| (A) shall require the defendant to complete a | ||
| driving safety course approved under Chapter 1001, Education Code; | ||
| and | ||
| (B) may require the defendant to complete an | ||
| additional driving safety course designed for drivers younger than | ||
| 25 years of age and approved under Section 1001.111, Education | ||
| Code; and | ||
| (3) if the defendant holds a provisional license, | ||
| during the deferral period the judge shall require that the | ||
| defendant be examined by the Department of Public Safety as | ||
| required by Section 521.161(b)(2), Transportation Code; a | ||
| defendant is not exempt from the examination regardless of whether | ||
| the defendant was examined previously. | ||
| SECTION 2. Subchapter C, Chapter 1001, Education Code, is | ||
| amended by adding Section 1001.111 to read as follows: | ||
| Sec. 1001.111. DRIVING SAFETY COURSE FOR DRIVER YOUNGER | ||
| THAN 25 YEARS OF AGE. (a) The commissioner by rule shall provide | ||
| minimum standards of curriculum for and designate the educational | ||
| materials to be used in a driving safety course designed for drivers | ||
| younger than 25 years of age. | ||
| (b) A driving safety course designed for drivers younger | ||
| than 25 years of age must: | ||
| (1) be a four-hour live, interactive course focusing | ||
| on issues specific to drivers younger than 25 years of age; | ||
| (2) include instruction in: | ||
| (A) alcohol and drug awareness; | ||
| (B) the traffic laws of this state; | ||
| (C) the high rate of motor vehicle accidents and | ||
| fatalities for drivers younger than 25 years of age; | ||
| (D) the issues commonly associated with motor | ||
| vehicle accidents involving drivers younger than 25 years of age, | ||
| including poor decision-making, risk taking, impaired driving, | ||
| distraction, speed, failure to use a safety belt, driving at night, | ||
| failure to yield the right-of-way, and using a wireless | ||
| communication device while operating a vehicle, and the role of | ||
| peer pressure in those issues; | ||
| (E) the effect of poor driver decision-making on | ||
| the family, friends, school, and community of a driver younger than | ||
| 25 years of age; and | ||
| (F) the importance of taking control of | ||
| potentially dangerous driving situations both as a driver and as a | ||
| passenger; and | ||
| (3) require a written commitment by the student to | ||
| family and friends that the student will not engage in dangerous | ||
| driving habits. | ||
| (c) A course approved for use under this section before | ||
| January 1, 2012, must comply with the requirements of Subsection | ||
| (b) and be approved for that purpose by the commissioner not later | ||
| than January 1, 2012. This subsection expires September 1, 2012. | ||
| SECTION 3. (a) The Texas Education Agency shall adopt the | ||
| rules required by Section 1001.111, Education Code, as added by | ||
| this Act, as soon as practicable after the effective date of this | ||
| Act. | ||
| (b) The change in law made by this Act to Article 45.051, | ||
| Code of Criminal Procedure, applies only to an offense committed on | ||
| or after January 1, 2012. An offense committed before January 1, | ||
| 2012, 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 purposes of this subsection, an offense was committed | ||
| before that date if any element of the offense occurred before that | ||
| date. | ||
| SECTION 4. Except as otherwise provided by this Act, this | ||
| Act takes effect September 1, 2011. | ||
