Texas 2025 - 89th Regular

Texas Senate Bill SB296 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Perry S.B. No. 296
	2	+	(In the Senate - Filed November 12, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Transportation;
	4	+	March 13, 2025, reported favorably by the following vote: Yeas 9,
	5	+	Nays 0; March 13, 2025, sent to printer.)
	6	+	Click here to see the committee vote
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to driving safety or motorcycle operator training course
9	14		dismissal.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Articles 45A.352(a) and (b), Code of Criminal
12	17		Procedure, are amended to read as follows:
13	18		(a) The judge shall require a defendant to successfully
14	19		complete a driving safety course approved by the Texas Department
15	20		of Licensing and Regulation or a course under the motorcycle
16	21		operator training and safety program approved by the designated
17	22		state agency under Chapter 662, Transportation Code, if:
18	23		(1) the defendant elects driving safety course or
19	24		motorcycle operator training course dismissal under this
20	25		subchapter;
21	26		(2) the defendant:
22	27		(A) has a Texas driver's license or permit; or
23	28		(B) is a member, or the spouse or dependent child
24	29		of a member, of the United States military forces serving on active
25	30		duty;
26	31		(3) either:
27	32		(A) the defendant has not completed an approved
28	33		driving safety course or motorcycle operator training course, as
29	34		appropriate, within the 12-month period preceding the date of the
30	35		offense; or
31	36		(B) the defendant:
32	37		(i) does not have a Texas driver's license
33	38		or permit;
34	39		(ii) is a member, or the spouse or dependent
35	40		child of a member, of the United States military forces serving on
36	41		active duty; and
37	42		(iii) has not completed a driving safety
38	43		course or motorcycle operator training course, as appropriate, in
39	44		another state within the 12-month period preceding the date of the
40	45		offense;
41	46		(4) on or before the answer date on the notice to
42	47		appear, the defendant enters, under Article 45A.151(a), a plea of
43	48		nolo contendere or guilty in person or in writing and:
44	49		(A) presents in person or by counsel to the court
45	50		a request to take a course; or
46	51		(B) sends a written request to take a course to
47	52		the court:
48	53		(i) by certified mail, return receipt
49	54		requested, postmarked on or before the answer date on the notice to
50	55		appear[, a written request to take a course]; or
51	56		(ii) if authorized by the court, through a
52	57		court-designated e-mail address or Internet portal, on or before
53	58		the answer date on the notice to appear;
54	59		(5) the defendant is charged with an offense to which
55	60		this subchapter applies, other than speeding at a speed of:
56	61		(A) 95 miles per hour or more; or
57	62		(B) 25 miles per hour or more over the posted
58	63		speed limit; and
59	64		(6) the defendant provides evidence of financial
60	65		responsibility as required by Chapter 601, Transportation Code.
61	66		(b) If a defendant described by Subsection (a) is charged
62	67		with more than one offense to which this subchapter applies arising
63	68		out of the same criminal transaction, each charge for an offense
64	69		described by this subsection is eligible for dismissal under this
65	70		subchapter following the successful [The court may dismiss only one
66	71		charge for each] completion of one [a] course described by
67	72		Subsection (a) for all of the charges, provided that:
68	73		(1) each charge on its own would be eligible for
69	74		dismissal under this subchapter; and
70	75		(2) the defendant otherwise satisfies the
71	76		requirements of this subchapter.
72	77		SECTION 2. Article 45A.356(c), Code of Criminal Procedure,
73	78		is amended to read as follows:
74	79		(c) If a defendant satisfies the requirements of Subsection
75	80		(a), the court shall:
76	81		(1) remove the judgment and dismiss each eligible
77	82		[the] charge;
78	83		(2) report the fact that the defendant successfully
79	84		completed a driving safety course or a motorcycle operator training
80	85		course and the date of completion to the Department of Public Safety
81	86		for inclusion in the defendant's driving record; and
82	87		(3) state in the report under Subdivision (2) whether
83	88		the course was taken under this subchapter to provide information
84	89		necessary to determine eligibility to take a subsequent course
85	90		under Article 45A.352(a).
86	91		SECTION 3. Article 45A.358, Code of Criminal Procedure, is
87	92		amended by amending Subsection (a) and adding Subsection (a-1) to
88	93		read as follows:
89	94		(a) In addition to court costs and fees authorized or
90	95		imposed by a law of this state and applicable to the offense, the
91	96		court may:
92	97		(1) subject to Subsection (a-1), require a defendant
93	98		requesting a driving safety course or motorcycle operator training
94	99		course under Article 45A.352(a) to pay a reimbursement fee in an
95	100		amount of not more than $10 to cover the cost of administering this
96	101		subchapter; or
97	102		(2) require a defendant requesting a driving safety
98	103		course or motorcycle operator training course under Article
99	104		45A.352(c) to pay a fine set by the court in an amount not to exceed
100	105		the maximum amount of the fine for the offense committed by the
101	106		defendant.
102	107		(a-1) If a defendant is requesting a driving safety course
103	108		or motorcycle operator training course for more than one offense
104	109		arising out of the same criminal transaction, as described by
105	110		Article 45A.352(b), the court may require the defendant to pay a
106	111		separate reimbursement fee under Subsection (a)(1) for each offense
107	112		committed by the defendant that is eligible for dismissal under
108	113		Article 45A.352(b).
109	114		SECTION 4. The changes in law made by this Act to Articles
110	115		45A.352(b) and 45A.358, Code of Criminal Procedure, apply to a
111	116		defendant requesting a driving safety course or motorcycle operator
112	117		training course on or after the effective date of this Act,
113	118		regardless of whether the offenses for which the course is
114	119		requested were committed before, on, or after the effective date of
115	120		this Act.
116	121		SECTION 5. This Act takes effect September 1, 2025.
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