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  S.B. No. 413
 
 
 
 
AN ACT
  relating to the prosecution of a Class C misdemeanor offense for
  which the defendant does not appear.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (d), Article 27.14, Code of Criminal
  Procedure, is amended to read as follows:
         (d)  If written notice of an offense for which maximum
  possible punishment is by fine only or of a violation relating to
  the manner, time, and place of parking has been prepared,
  delivered, and filed with the court and a legible duplicate copy has
  been given to the defendant, the written notice serves as a
  complaint to which the defendant may plead "guilty," "not guilty,"
  or "nolo contendere." If the defendant pleads "not guilty" to the
  offense or fails to appear based on the written notice, a complaint
  shall be filed that conforms to the requirements of Chapter 45 of
  this code, and that complaint serves as an original complaint. A
  defendant may waive the filing of a sworn complaint and elect that
  the prosecution proceed on the written notice of the charged
  offense if the defendant agrees in writing with the prosecution,
  signs the agreement, and files it with the court.
         SECTION 2.  The change in law made by this Act applies only
  to the prosecution of an offense committed on or after the effective
  date of this Act. The prosecution of an offense committed before
  the effective date of this Act is covered by the law in effect at the
  time the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this section, an offense
  was committed before the effective date of this Act if any element
  of the offense occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 413 passed the Senate on
  May 7, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 413 passed the House on
  May 26, 2009, by the following vote:  Yeas 144, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor