| 1 | 1 | | 87R11507 JRR-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 1760 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the issuance of a citation or written notice to appear |
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| 8 | 8 | | to a person charged with the offense of driving while license |
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| 9 | 9 | | invalid. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 521.457, Transportation Code, is amended |
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| 12 | 12 | | by adding Subsection (h) to read as follows: |
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| 13 | 13 | | (h) A peace officer, instead of arresting a person charged |
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| 14 | 14 | | with an offense under this section and taking the person before a |
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| 15 | 15 | | magistrate as required by Section 543.002 of this code and Article |
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| 16 | 16 | | 14.06(a), Code of Criminal Procedure: |
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| 17 | 17 | | (1) may issue the person a citation or written notice |
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| 18 | 18 | | to appear as provided by Section 543.003 of this code or Article |
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| 19 | 19 | | 14.06(b) or (c), Code of Criminal Procedure, as applicable; and |
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| 20 | 20 | | (2) may allow a passenger in the motor vehicle to |
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| 21 | 21 | | operate the vehicle following the issuance of the citation or |
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| 22 | 22 | | written notice to appear if the passenger holds a driver's license |
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| 23 | 23 | | and is otherwise fit to operate the vehicle. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies only |
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| 25 | 25 | | to an offense committed on or after the effective date of this Act. |
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| 26 | 26 | | An offense committed before the effective date of this Act is |
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| 27 | 27 | | governed by the law in effect on the date the offense was committed, |
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| 28 | 28 | | and the former law is continued in effect for that purpose. For |
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| 29 | 29 | | purposes of this section, an offense was committed before the |
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| 30 | 30 | | effective date of this Act if any element of the offense occurred |
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| 31 | 31 | | before that date. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2021. |
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