By: Perry S.B. No. 296
A BILL TO BE ENTITLED
AN ACT
relating to driving safety or motorcycle operator training course
dismissal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 45A.352(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) The judge shall require a defendant to successfully
complete a driving safety course approved by the Texas Department
of Licensing and Regulation or a course under the motorcycle
operator training and safety program approved by the designated
state agency under Chapter 662, Transportation Code, if:
(1) the defendant elects driving safety course or
motorcycle operator training course dismissal under this
subchapter;
(2) the defendant:
(A) has a Texas driver's license or permit; or
(B) is a member, or the spouse or dependent child
of a member, of the United States military forces serving on active
duty;
(3) either:
(A) the defendant has not completed an approved
driving safety course or motorcycle operator training course, as
appropriate, within the 12-month period preceding the date of the
offense; or
(B) the defendant:
(i) does not have a Texas driver's license
or permit;
(ii) is a member, or the spouse or dependent
child of a member, of the United States military forces serving on
active duty; and
(iii) has not completed a driving safety
course or motorcycle operator training course, as appropriate, in
another state within the 12-month period preceding the date of the
offense;
(4) on or before the answer date on the notice to
appear, the defendant enters, under Article 45A.151(a), a plea of
nolo contendere or guilty in person or in writing and:
(A) presents in person or by counsel to the court
a request to take a course; or
(B) sends a written request to take a course to
the court:
(i) by certified mail, return receipt
requested, postmarked on or before the answer date on the notice to
appear[, a written request to take a course]; or
(ii) if authorized by the court, through a
court-designated e-mail address or Internet portal, on or before
the answer date on the notice to appear;
(5) the defendant is charged with an offense to which
this subchapter applies, other than speeding at a speed of:
(A) 95 miles per hour or more; or
(B) 25 miles per hour or more over the posted
speed limit; and
(6) the defendant provides evidence of financial
responsibility as required by Chapter 601, Transportation Code.
(b) If a defendant described by Subsection (a) is charged
with more than one offense to which this subchapter applies arising
out of the same criminal transaction, each charge for an offense
described by this subsection is eligible for dismissal under this
subchapter following the successful [The court may dismiss only one
charge for each] completion of one [a] course described by
Subsection (a) for all of the charges, provided that:
(1) each charge on its own would be eligible for
dismissal under this subchapter; and
(2) the defendant otherwise satisfies the
requirements of this subchapter.
SECTION 2. Article 45A.356(c), Code of Criminal Procedure,
is amended to read as follows:
(c) If a defendant satisfies the requirements of Subsection
(a), the court shall:
(1) remove the judgment and dismiss each eligible
[the] charge;
(2) report the fact that the defendant successfully
completed a driving safety course or a motorcycle operator training
course and the date of completion to the Department of Public Safety
for inclusion in the defendant's driving record; and
(3) state in the report under Subdivision (2) whether
the course was taken under this subchapter to provide information
necessary to determine eligibility to take a subsequent course
under Article 45A.352(a).
SECTION 3. Article 45A.358, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) In addition to court costs and fees authorized or
imposed by a law of this state and applicable to the offense, the
court may:
(1) subject to Subsection (a-1), require a defendant
requesting a driving safety course or motorcycle operator training
course under Article 45A.352(a) to pay a reimbursement fee in an
amount of not more than $10 to cover the cost of administering this
subchapter; or
(2) require a defendant requesting a driving safety
course or motorcycle operator training course under Article
45A.352(c) to pay a fine set by the court in an amount not to exceed
the maximum amount of the fine for the offense committed by the
defendant.
(a-1) If a defendant is requesting a driving safety course
or motorcycle operator training course for more than one offense
arising out of the same criminal transaction, as described by
Article 45A.352(b), the court may require the defendant to pay a
separate reimbursement fee under Subsection (a)(1) for each offense
committed by the defendant that is eligible for dismissal under
Article 45A.352(b).
SECTION 4. The changes in law made by this Act to Articles
45A.352(b) and 45A.358, Code of Criminal Procedure, apply to a
defendant requesting a driving safety course or motorcycle operator
training course on or after the effective date of this Act,
regardless of whether the offenses for which the course is
requested were committed before, on, or after the effective date of
this Act.
SECTION 5. This Act takes effect September 1, 2025.