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A BILL TO BE ENTITLED
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AN ACT
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relating to driving safety courses for individuals younger than 25 |
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years of age receiving deferred disposition for certain traffic |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Effective January 1, 2012, Article 45.051(b-1), |
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Code of Criminal Procedure, is amended to read as follows: |
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(b-1) If the defendant is younger than 25 years of age and |
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the offense committed by the defendant is a traffic offense |
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classified as a moving violation: |
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(1) Subsection (b)(8) does not apply; |
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(2) during the deferral period, the judge: |
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(A) shall require the defendant to complete a |
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driving safety course approved under Chapter 1001, Education Code; |
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and |
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(B) may require the defendant to complete an |
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additional driving safety course designed for drivers younger than |
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25 years of age and approved under Section 1001.111, Education |
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Code; and |
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(3) if the defendant holds a provisional license, |
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during the deferral period the judge shall require that the |
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defendant be examined by the Department of Public Safety as |
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required by Section 521.161(b)(2), Transportation Code; a |
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defendant is not exempt from the examination regardless of whether |
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the defendant was examined previously. |
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SECTION 2. Subchapter C, Chapter 1001, Education Code, is |
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amended by adding Section 1001.111 to read as follows: |
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Sec. 1001.111. DRIVING SAFETY COURSE FOR DRIVER YOUNGER |
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THAN 25 YEARS OF AGE. (a) The commissioner by rule shall provide |
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minimum standards of curriculum for and designate the educational |
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materials to be used in a driving safety course designed for drivers |
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younger than 25 years of age. |
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(b) A driving safety course designed for drivers younger |
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than 25 years of age must: |
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(1) be a four-hour live, interactive course focusing |
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on issues specific to drivers younger than 25 years of age; |
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(2) include instruction in: |
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(A) alcohol and drug awareness; |
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(B) the traffic laws of this state; |
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(C) the high rate of motor vehicle accidents and |
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fatalities for drivers younger than 25 years of age; |
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(D) the issues commonly associated with motor |
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vehicle accidents involving drivers younger than 25 years of age, |
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including poor decision-making, risk taking, impaired driving, |
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distraction, speed, failure to use a safety belt, driving at night, |
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failure to yield the right-of-way, and using a wireless |
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communication device while operating a vehicle, and the role of |
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peer pressure in those issues; |
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(E) the effect of poor driver decision-making on |
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the family, friends, school, and community of a driver younger than |
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25 years of age; and |
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(F) the importance of taking control of |
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potentially dangerous driving situations both as a driver and as a |
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passenger; and |
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(3) require a written commitment by the student to |
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family and friends that the student will not engage in dangerous |
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driving habits. |
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(c) A course approved for use under this section before |
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January 1, 2012, must comply with the requirements of Subsection |
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(b) and be approved for that purpose by the commissioner not later |
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than January 1, 2012. This subsection expires September 1, 2012. |
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SECTION 3. (a) The Texas Education Agency shall adopt the |
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rules required by Section 1001.111, Education Code, as added by |
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this Act, as soon as practicable after the effective date of this |
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Act. |
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(b) The change in law made by this Act to Article 45.051, |
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Code of Criminal Procedure, applies only to an offense committed on |
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or after January 1, 2012. An offense committed before January 1, |
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2012, is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this subsection, an offense was committed |
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before that date if any element of the offense occurred before that |
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date. |
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SECTION 4. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2011. |