81R11695 JSC-D
By: Martinez Fischer H.B. No. 4112
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain defendants convicted of traffic
offenses to complete a driver education course.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0512 to read as follows:
Art. 45.0512. DRIVER EDUCATION FOR CERTAIN PERSONS.
(a) This article applies only to a defendant who has previously
been convicted two or more times of an offense involving the
operation of a motor vehicle and commits an offense involving the
operation of a motor vehicle before the fifth anniversary of the
earlier of the dates of the two previous convictions.
(b) The judge may require a defendant described by
Subsection (a) to complete a driver education course approved under
Chapter 1001, Education Code, in addition to any other penalty
authorized by law.
(c) For purposes of this article, an order of deferral under
Article 45.051 or a deferral of the imposition of judgment under
Article 45.0511 is considered a conviction.
(d) The court shall require the defendant to present
evidence that the defendant has completed the driver education
course not later than the 60th day after the date the judgment is
entered.
(e) If the defendant fails to comply with Subsection (d),
the court may hold the defendant in contempt of the court and order
either or both of the following:
(1) that the defendant pay a fine not to exceed $500;
and
(2) that the Department of Public Safety suspend the
defendant's driver's license or permit until the defendant fully
complies with any order of the court issued under this article.
SECTION 2. 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
covered by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose. For 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 3. This Act takes effect September 1, 2009.