Texas 2025 - 89th Regular

Texas House Bill HB3861 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2936 JRR-F
2	2	By: Canales H.B. No. 3861
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to driving safety or motorcycle operator training course
10	10	dismissal.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Articles 45A.352(a) and (b), Code of Criminal
13	13	Procedure, are amended to read as follows:
14	14	(a) The judge shall require a defendant to successfully
15	15	complete a driving safety course approved by the Texas Department
16	16	of Licensing and Regulation or a course under the motorcycle
17	17	operator training and safety program approved by the designated
18	18	state agency under Chapter 662, Transportation Code, if:
19	19	(1) the defendant elects driving safety course or
20	20	motorcycle operator training course dismissal under this
21	21	subchapter;
22	22	(2) the defendant:
23	23	(A) has a Texas driver's license or permit; or
24	24	(B) is a member, or the spouse or dependent child
25	25	of a member, of the United States military forces serving on active
26	26	duty;
27	27	(3) either:
28	28	(A) the defendant has not completed an approved
29	29	driving safety course or motorcycle operator training course, as
30	30	appropriate, within the 12-month period preceding the date of the
31	31	offense; or
32	32	(B) the defendant:
33	33	(i) does not have a Texas driver's license
34	34	or permit;
35	35	(ii) is a member, or the spouse or dependent
36	36	child of a member, of the United States military forces serving on
37	37	active duty; and
38	38	(iii) has not completed a driving safety
39	39	course or motorcycle operator training course, as appropriate, in
40	40	another state within the 12-month period preceding the date of the
41	41	offense;
42	42	(4) on or before the answer date on the notice to
43	43	appear, the defendant enters, under Article 45A.151(a), a plea of
44	44	nolo contendere or guilty in person or in writing and:
45	45	(A) presents in person or by counsel to the court
46	46	a request to take a course; or
47	47	(B) sends a written request to take a course to
48	48	the court:
49	49	(i) by certified mail, return receipt
50	50	requested, postmarked on or before the answer date on the notice to
51	51	appear[, a written request to take a course]; or
52	52	(ii) if authorized by the court, through a
53	53	court-designated e-mail address or Internet portal, on or before
54	54	the answer date on the notice to appear;
55	55	(5) the defendant is charged with an offense to which
56	56	this subchapter applies, other than speeding at a speed of:
57	57	(A) 95 miles per hour or more; or
58	58	(B) 25 miles per hour or more over the posted
59	59	speed limit; and
60	60	(6) the defendant provides evidence of financial
61	61	responsibility as required by Chapter 601, Transportation Code.
62	62	(b) If a defendant described by Subsection (a) is charged
63	63	with more than one offense to which this subchapter applies arising
64	64	out of the same criminal transaction, each charge for an offense
65	65	described by this subsection is eligible for dismissal under this
66	66	subchapter following the successful [The court may dismiss only one
67	67	charge for each] completion of one [a] course described by
68	68	Subsection (a) for all of the charges, provided that:
69	69	(1) each charge on its own would be eligible for
70	70	dismissal under this subchapter; and
71	71	(2) the defendant otherwise satisfies the
72	72	requirements of this subchapter.
73	73	SECTION 2. Article 45A.356(c), Code of Criminal Procedure,
74	74	is amended to read as follows:
75	75	(c) If a defendant satisfies the requirements of Subsection
76	76	(a), the court shall:
77	77	(1) remove the judgment and dismiss each eligible
78	78	[the] charge;
79	79	(2) report the fact that the defendant successfully
80	80	completed a driving safety course or a motorcycle operator training
81	81	course and the date of completion to the Department of Public Safety
82	82	for inclusion in the defendant's driving record; and
83	83	(3) state in the report under Subdivision (2) whether
84	84	the course was taken under this subchapter to provide information
85	85	necessary to determine eligibility to take a subsequent course
86	86	under Article 45A.352(a).
87	87	SECTION 3. Article 45A.358, Code of Criminal Procedure, is
88	88	amended by amending Subsection (a) and adding Subsection (a-1) to
89	89	read as follows:
90	90	(a) In addition to court costs and fees authorized or
91	91	imposed by a law of this state and applicable to the offense, the
92	92	court may:
93	93	(1) subject to Subsection (a-1), require a defendant
94	94	requesting a driving safety course or motorcycle operator training
95	95	course under Article 45A.352(a) to pay a reimbursement fee in an
96	96	amount of not more than $10 to cover the cost of administering this
97	97	subchapter; or
98	98	(2) require a defendant requesting a driving safety
99	99	course or motorcycle operator training course under Article
100	100	45A.352(c) to pay a fine set by the court in an amount not to exceed
101	101	the maximum amount of the fine for the offense committed by the
102	102	defendant.
103	103	(a-1) If a defendant is requesting a driving safety course
104	104	or motorcycle operator training course for more than one offense
105	105	arising out of the same criminal transaction, as described by
106	106	Article 45A.352(b), the court may require the defendant to pay a
107	107	separate reimbursement fee under Subsection (a)(1) for each offense
108	108	committed by the defendant that is eligible for dismissal under
109	109	Article 45A.352(b).
110	110	SECTION 4. The changes in law made by this Act to Articles
111	111	45A.352(b) and 45A.358, Code of Criminal Procedure, apply to a
112	112	defendant requesting a driving safety course or motorcycle operator
113	113	training course on or after the effective date of this Act,
114	114	regardless of whether the offenses for which the course is
115	115	requested were committed before, on, or after the effective date of
116	116	this Act.
117	117	SECTION 5. This Act takes effect September 1, 2025.