89R2936 JRR-F     By: Perry S.B. No. 296       A BILL TO BE ENTITLED   AN ACT   relating to driving safety or motorcycle operator training course   dismissal.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Articles 45A.352(a) and (b), Code of Criminal   Procedure, are amended to read as follows:          (a)  The judge shall require a defendant to successfully   complete a driving safety course approved by the Texas Department   of Licensing and Regulation or a course under the motorcycle   operator training and safety program approved by the designated   state agency under Chapter 662, Transportation Code, if:                (1)  the defendant elects driving safety course or   motorcycle operator training course dismissal under this   subchapter;                (2)  the defendant:                      (A)  has a Texas driver's license or permit; or                      (B)  is a member, or the spouse or dependent child   of a member, of the United States military forces serving on active   duty;                (3)  either:                      (A)  the defendant has not completed an approved   driving safety course or motorcycle operator training course, as   appropriate, within the 12-month period preceding the date of the   offense; or                      (B)  the defendant:                            (i)  does not have a Texas driver's license   or permit;                            (ii)  is a member, or the spouse or dependent   child of a member, of the United States military forces serving on   active duty; and                            (iii)  has not completed a driving safety   course or motorcycle operator training course, as appropriate, in   another state within the 12-month period preceding the date of the   offense;                (4)  on or before the answer date on the notice to   appear, the defendant enters, under Article 45A.151(a), a plea of   nolo contendere or guilty in person or in writing and:                      (A)  presents in person or by counsel to the court   a request to take a course; or                      (B)  sends a written request to take a course to   the court:                            (i)  by certified mail, return receipt   requested, postmarked on or before the answer date on the notice to   appear[, a written request to take a course]; or                            (ii)  if authorized by the court, through a   court-designated e-mail address or Internet portal, on or before   the answer date on the notice to appear;                (5)  the defendant is charged with an offense to which   this subchapter applies, other than speeding at a speed of:                      (A)  95 miles per hour or more; or                      (B)  25 miles per hour or more over the posted   speed limit; and                (6)  the defendant provides evidence of financial   responsibility as required by Chapter 601, Transportation Code.          (b)  If a defendant described by Subsection (a) is charged   with more than one offense to which this subchapter applies arising   out of the same criminal transaction, each charge for an offense   described by this subsection is eligible for dismissal under this   subchapter following the successful [The court may dismiss only one   charge for each] completion of one [a] course described by   Subsection (a) for all of the charges, provided that:                (1)  each charge on its own would be eligible for   dismissal under this subchapter; and                (2)  the defendant otherwise satisfies the   requirements of this subchapter.          SECTION 2.  Article 45A.356(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  If a defendant satisfies the requirements of Subsection   (a), the court shall:                (1)  remove the judgment and dismiss each eligible    [the] charge;                (2)  report the fact that the defendant successfully   completed a driving safety course or a motorcycle operator training   course and the date of completion to the Department of Public Safety   for inclusion in the defendant's driving record; and                (3)  state in the report under Subdivision (2) whether   the course was taken under this subchapter to provide information   necessary to determine eligibility to take a subsequent course   under Article 45A.352(a).          SECTION 3.  Article 45A.358, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (a)  In addition to court costs and fees authorized or   imposed by a law of this state and applicable to the offense, the   court may:                (1)  subject to Subsection (a-1), require a defendant   requesting a driving safety course or motorcycle operator training   course under Article 45A.352(a) to pay a reimbursement fee in an   amount of not more than $10 to cover the cost of administering this   subchapter; or                (2)  require a defendant requesting a driving safety   course or motorcycle operator training course under Article   45A.352(c) to pay a fine set by the court in an amount not to exceed   the maximum amount of the fine for the offense committed by the   defendant.          (a-1)  If a defendant is requesting a driving safety course   or motorcycle operator training course for more than one offense   arising out of the same criminal transaction, as described by   Article 45A.352(b), the court may require the defendant to pay a   separate reimbursement fee under Subsection (a)(1) for each offense   committed by the defendant that is eligible for dismissal under   Article 45A.352(b).          SECTION 4.  The changes in law made by this Act to Articles   45A.352(b) and 45A.358, Code of Criminal Procedure, apply to a   defendant requesting a driving safety course or motorcycle operator   training course on or after the effective date of this Act,   regardless of whether the offenses for which the course is   requested were committed before, on, or after the effective date of   this Act.          SECTION 5.  This Act takes effect September 1, 2025.