Section 45A.352 - [Effective 1/1/2025] Driving Safety Or Motorcycle Operator Training Course Completion(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 to the court 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;(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) The court may dismiss only one charge for each completion of a course described by Subsection (a).(c) Notwithstanding Subsections (a)(3) and (4), before the final disposition of the case, the court may grant a request to take a driving safety course or a motorcycle operator training course under this subchapter.(d) A request to take a driving safety course or motorcycle operator training course made at or before the time and at the place at which a defendant is required to appear in court is an appearance in compliance with the defendant's promise to appear. (Code Crim. Proc., Arts. 45.0511(b), (d), (e), (m).)Tex. Code Crim. Proc. § 45A.352
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 765,Sec. 1.001, eff. 1/1/2025.