Relating to driving safety or motorcycle operator training course dismissal.

89(R) HB 3861 - House Committee Report version - Bill Text

89R2936 JRR-F

By: Canales

H.B. No. 3861

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.