(a) A notice to appear issued for an offense to which this subchapter applies must inform a defendant charged with an offense under § 472.022, Transportation Code, an offense under Subtitle C, Title 7, Transportation Code, or an offense under § 729.001(a)(3), Transportation Code, committed while operating a motor vehicle of the defendant’s right to complete a driving safety course or, if the offense was committed while operating a motorcycle, of the defendant’s right to complete a motorcycle operator training course. The notice required by this subsection must read substantially as follows:
“You may be able to require that this charge be dismissed by successfully completing a driving safety course or a motorcycle operator training course. You will lose that right if, on or before your appearance date, you do not provide the court with notice of your request to take the course.”

Terms Used In Texas Code of Criminal Procedure 45A.354

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(b) If the notice required by Subsection (a) is not provided to the defendant charged with the offense, the defendant may continue to exercise the defendant’s right to take a driving safety course or a motorcycle operator training course until the notice required by Subsection (a) is provided to the defendant or there is a final disposition of the case.


Text of article effective on January 01, 2025