| 1 | 1 | | 89R9553 MZM-F |
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| 2 | 2 | | By: Eckhardt S.B. No. 889 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a defense to prosecution and the dismissal of a charge |
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| 10 | 10 | | for the criminal offense of driving with an expired license. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 521.025(d), Transportation Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (d) It is a defense to prosecution under this section that |
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| 15 | 15 | | [if] the person charged produces in court a driver's license: |
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| 16 | 16 | | (1) issued to that person; |
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| 17 | 17 | | (2) appropriate for the type of vehicle operated; and |
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| 18 | 18 | | (3) that was either: |
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| 19 | 19 | | (A) valid on the date [at the time] of the arrest |
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| 20 | 20 | | for the offense; or |
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| 21 | 21 | | (B) expired for not more than 60 days before the |
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| 22 | 22 | | date of the arrest for the offense if the person also produces in |
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| 23 | 23 | | court confirmation that the person had scheduled before the date of |
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| 24 | 24 | | the arrest for the offense an appointment to renew the license |
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| 25 | 25 | | described by this paragraph. |
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| 26 | 26 | | SECTION 2. Section 521.026(a), Transportation Code, is |
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| 27 | 27 | | amended to read as follows: |
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| 28 | 28 | | (a) A judge may dismiss a charge of driving with an expired |
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| 29 | 29 | | license if the defendant remedies this defect within 60 [20] |
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| 30 | 30 | | working days or before the defendant's first court appearance date, |
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| 31 | 31 | | whichever is later. |
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| 32 | 32 | | SECTION 3. The change in law made by this Act applies only |
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| 33 | 33 | | to an offense committed on or after the effective date of this Act. |
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| 34 | 34 | | An offense committed before the effective date of this Act is |
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| 35 | 35 | | governed by the law in effect on the date the offense was committed, |
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| 36 | 36 | | and the former law is continued in effect for that purpose. For |
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| 37 | 37 | | purposes of this section, an offense was committed before the |
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| 38 | 38 | | effective date of this Act if any element of the offense occurred |
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| 39 | 39 | | before that date. |
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| 40 | 40 | | SECTION 4. This Act takes effect September 1, 2025. |
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