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AN ACT
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relating to authorizing a judge or justice of the peace to request |
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and obtain a copy of certain defendants' driving records from the |
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Department of Public Safety of the State of Texas using |
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TexasOnline. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c-1), Article 45.0511, Code of |
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Criminal Procedure, is amended to read as follows: |
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(c-1) In this subsection, "TexasOnline" has the meaning |
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assigned by Section 2054.003, Government Code. As an alternative |
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to receiving [presenting] the defendant's driving record [to the
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court] under Subsection (c)(2), the judge, at the time the |
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defendant requests a driving safety course or motorcycle operator |
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training course dismissal under this article, may require the |
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defendant to pay a fee in an amount equal to the sum of the amount of |
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the fee established by Section 521.048, Transportation Code, and |
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the TexasOnline fee and, using TexasOnline, may request the Texas |
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Department of Public Safety to provide the judge with [of $10 for] a |
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copy of the defendant's driving record that shows the information |
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described by Section 521.047(b), Transportation Code. As soon as |
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practicable and using TexasOnline, [the judge may obtain a copy of
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the driving record from] the Texas Department of Public Safety |
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shall provide the judge with the requested copy of the defendant's |
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driving record. The [$10] fee authorized by [under] this |
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subsection is in addition to any other fee required under this |
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article. If the copy of the defendant's driving record provided to |
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the judge under this subsection shows that the defendant has not |
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completed an approved driving safety course or motorcycle operator |
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training course, as appropriate, within the 12 months preceding the |
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date of the offense, the judge shall allow the defendant to complete |
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the appropriate course as provided by this article. The custodian |
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of a municipal or county treasury who receives fees collected under |
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this subsection shall keep a record of the fees and, without |
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deduction or proration, forward the fees to the comptroller, with |
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and in the manner required for other fees and costs received in |
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connection with criminal cases. The comptroller shall credit fees |
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received under this subsection to the Texas Department of Public |
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Safety. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to an offense committed on or after September 1, 2007. |
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(b) An offense committed before September 1, 2007, is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this subsection, an offense was committed before September 1, 2007, |
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if any element of the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1083 passed the Senate on |
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May 9, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1083 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |