HBA-LCA H.B. 1974 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1974
By: Swinford
Judicial Affairs
3/17/1999
Introduced



BACKGROUND AND PURPOSE 

The majority of traffic violations are handled in justice or municipal
courts.  Some verdicts are appealed to county courts where, due to crowded
calendars, offenses are sometimes pled down or sentences are deferred.   

The Department of Public Safety has established strict penalties for repeat
offenders holding commercial drivers licenses.  Mitigating sentences at the
county court level diminishes the strength of the laws governing commercial
drivers licenses. 

H.B. 1974 prohibits a county court from granting deferred adjudication,
deferring final disposition, or dismissing a charge upon completion of a
driver safety course to a defendant appealing a decision made in a justice
or municipal court.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 44, Code of Criminal Procedure, by adding
Article 44.21, as follows: 

Art. 44.21.  DEFERRED ADJUDICATION, DEFERRAL OF FINAL DISPOSITION, OR
DISMISSAL OF CHARGE ON APPEAL.  Prohibits a county court, in an appeal from
a justice court or municipal court, including a municipal court of record,
from granting deferred adjudication, deferring final disposition of a
defendant's case, or dismissing the charge under Subchapter B, Chapter 543,
Transportation Code (Dismissal of Certain Misdemeanor Charges on Completing
Driver Safety Course). 

SECTION 2.   Effective date: September 1, 1999.  
  Makes application of this Act prospective.  

SECTION 3.  Emergency clause.