HBA-DMH H.B. 363 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 363
By: Gallego
Public Safety
3/14/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a peace officer may not arrest a person for a traffic
offense involving speeding or a violation of the open container law.  In
these situations the officer is required to issue a written notice to
appear.  House Bill 363 provides that all traffic offenses that are Class C
misdemeanors are offenses for which a peace officer is required to issue a
citation that contains a written notice to appear. 

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. 

ANALYSIS

House Bill 363 amends the Transportation Code and Code of Criminal
Procedure to require a peace officer to issue a citation that contains a
written notice to appear before a magistrate, instead of taking a person
before the magistrate if the person is charged with a traffic offense that
is a Class C misdemeanor, including a violation of the open container law. 

EFFECTIVE DATE

September 1, 2001.