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


Office of House Bill AnalysisC.S.H.B. 363
By: Gallego
Public Safety
3/22/2001
Committee Report (Substituted)



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.  C.S.H.B. 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 if a person displays the
required identification. 

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

C.S.H.B. 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, and
displays the required  identification. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 363 differs from the original bill by adding the requirement that
a person display an unexpired driver's license or permit issued to the
person by the Department of Public Safety (DPS) or by another state or
country or an unexpired personal identification certificate issued to the
person by DPS as a conditions for the issuance of a written notice to
appear.