| 1 | 1 | | By: Frazier H.B. No. 4196 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to disciplinary action against a peace officer for failure |
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| 7 | 7 | | to comply with certain arrest and charging procedures for |
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| 8 | 8 | | violations of the rules of the road. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 543.008, Transportation Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 543.008. VIOLATION BY OFFICER. (a) Subject to |
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| 13 | 13 | | Subsection (b), a [A] violation by an officer of a provision of |
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| 14 | 14 | | Sections 543.003-543.007 is misconduct in office and the officer is |
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| 15 | 15 | | subject to removal from the officer's position. |
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| 16 | 16 | | (b) Subsection (a) does not apply if an officer issues a |
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| 17 | 17 | | person a written notice to appear in accordance with Section |
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| 18 | 18 | | 543.003 and: |
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| 19 | 19 | | (1) the person refuses to sign the written notice |
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| 20 | 20 | | prepared by the officer in accordance with Section 543.005; |
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| 21 | 21 | | (2) the officer does not take the person before a |
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| 22 | 22 | | magistrate under Section 543.002 after the person fails to sign the |
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| 23 | 23 | | written notice; and |
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| 24 | 24 | | (3) the officer does not violate any other provision |
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| 25 | 25 | | of Sections 543.003-543.007. |
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| 26 | 26 | | SECTION 2. The changes in law made by this Act apply only to |
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| 27 | 27 | | conduct that occurs on or after the effective date of this Act. |
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| 28 | 28 | | Conduct that occurs before the effective date of this Act is |
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| 29 | 29 | | governed by the law in effect immediately before the effective date |
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| 30 | 30 | | of this Act, and the former law is continued in effect for that |
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| 31 | 31 | | purpose. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2023. |
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