| 1 | 1 | | 82R24816 KYF-F |
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| 2 | 2 | | By: Naishtat, McClendon H.B. No. 2897 |
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| 3 | 3 | | Substitute the following for H.B. No. 2897: |
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| 4 | 4 | | By: Rodriguez C.S.H.B. No. 2897 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to driving safety courses for individuals younger than 25 |
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| 10 | 10 | | years of age receiving deferred disposition for certain traffic |
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| 11 | 11 | | offenses. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Effective January 1, 2012, Article 45.051(b-1), |
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| 14 | 14 | | Code of Criminal Procedure, is amended to read as follows: |
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| 15 | 15 | | (b-1) If the defendant is younger than 25 years of age and |
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| 16 | 16 | | the offense committed by the defendant is a traffic offense |
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| 17 | 17 | | classified as a moving violation: |
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| 18 | 18 | | (1) Subsection (b)(8) does not apply; |
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| 19 | 19 | | (2) during the deferral period, the judge: |
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| 20 | 20 | | (A) shall require the defendant to complete a |
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| 21 | 21 | | driving safety course approved under Chapter 1001, Education Code; |
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| 22 | 22 | | and |
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| 23 | 23 | | (B) may require the defendant to complete an |
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| 24 | 24 | | additional driving safety course designed for drivers younger than |
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| 25 | 25 | | 25 years of age and approved under Section 1001.111, Education |
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| 26 | 26 | | Code; and |
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| 27 | 27 | | (3) if the defendant holds a provisional license, |
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| 28 | 28 | | during the deferral period the judge shall require that the |
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| 29 | 29 | | defendant be examined by the Department of Public Safety as |
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| 30 | 30 | | required by Section 521.161(b)(2), Transportation Code; a |
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| 31 | 31 | | defendant is not exempt from the examination regardless of whether |
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| 32 | 32 | | the defendant was examined previously. |
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| 33 | 33 | | SECTION 2. Subchapter C, Chapter 1001, Education Code, is |
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| 34 | 34 | | amended by adding Section 1001.111 to read as follows: |
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| 35 | 35 | | Sec. 1001.111. DRIVING SAFETY COURSE FOR DRIVER YOUNGER |
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| 36 | 36 | | THAN 25 YEARS OF AGE. (a) The commissioner by rule shall provide |
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| 37 | 37 | | minimum standards of curriculum for and designate the educational |
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| 38 | 38 | | materials to be used in a driving safety course designed for drivers |
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| 39 | 39 | | younger than 25 years of age. |
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| 40 | 40 | | (b) A driving safety course designed for drivers younger |
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| 41 | 41 | | than 25 years of age must: |
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| 42 | 42 | | (1) be a four-hour live, interactive course focusing |
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| 43 | 43 | | on issues specific to drivers younger than 25 years of age; |
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| 44 | 44 | | (2) include instruction in: |
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| 45 | 45 | | (A) alcohol and drug awareness; |
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| 46 | 46 | | (B) the traffic laws of this state; |
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| 47 | 47 | | (C) the high rate of motor vehicle accidents and |
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| 48 | 48 | | fatalities for drivers younger than 25 years of age; |
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| 49 | 49 | | (D) the issues commonly associated with motor |
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| 50 | 50 | | vehicle accidents involving drivers younger than 25 years of age, |
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| 51 | 51 | | including poor decision-making, risk taking, impaired driving, |
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| 52 | 52 | | distraction, speed, failure to use a safety belt, driving at night, |
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| 53 | 53 | | failure to yield the right-of-way, and using a wireless |
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| 54 | 54 | | communication device while operating a vehicle, and the role of |
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| 55 | 55 | | peer pressure in those issues; |
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| 56 | 56 | | (E) the effect of poor driver decision-making on |
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| 57 | 57 | | the family, friends, school, and community of a driver younger than |
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| 58 | 58 | | 25 years of age; and |
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| 59 | 59 | | (F) the importance of taking control of |
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| 60 | 60 | | potentially dangerous driving situations both as a driver and as a |
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| 61 | 61 | | passenger; and |
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| 62 | 62 | | (3) require a written commitment by the student to |
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| 63 | 63 | | family and friends that the student will not engage in dangerous |
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| 64 | 64 | | driving habits. |
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| 65 | 65 | | (c) A course approved for use under this section before |
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| 66 | 66 | | January 1, 2012, must comply with the requirements of Subsection |
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| 67 | 67 | | (b) and be approved for that purpose by the commissioner not later |
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| 68 | 68 | | than January 1, 2012. This subsection expires September 1, 2012. |
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| 69 | 69 | | SECTION 3. (a) The Texas Education Agency shall adopt the |
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| 70 | 70 | | rules required by Section 1001.111, Education Code, as added by |
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| 71 | 71 | | this Act, as soon as practicable after the effective date of this |
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| 72 | 72 | | Act. |
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| 73 | 73 | | (b) The change in law made by this Act to Article 45.051, |
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| 74 | 74 | | Code of Criminal Procedure, applies only to an offense committed on |
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| 75 | 75 | | or after January 1, 2012. An offense committed before January 1, |
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| 76 | 76 | | 2012, is governed by the law in effect on the date the offense was |
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| 77 | 77 | | committed, and the former law is continued in effect for that |
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| 78 | 78 | | purpose. For purposes of this subsection, an offense was committed |
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| 79 | 79 | | before that date if any element of the offense occurred before that |
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| 80 | 80 | | date. |
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| 81 | 81 | | SECTION 4. Except as otherwise provided by this Act, this |
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| 82 | 82 | | Act takes effect September 1, 2011. |
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