By: Johnson of Harris H.B. No. 813       A BILL TO BE ENTITLED   AN ACT   relating to the issuance of a citation or notice to appear for   certain misdemeanors punishable by a fine only.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 14.06, Code of Criminal Procedure, is   amended by amending Subsection (b) and adding Subsection (b-1) to   read as follows:          (b)  A peace officer who is charging a person, including a   child, with committing an offense that is a [Class C] misdemeanor   punishable by a fine only, other than an offense under Section   49.02, Penal Code, or an offense under Chapter 106, Alcoholic   Beverage Code, shall [may], instead of taking the person before a   magistrate, issue a   citation to the person that contains written   notice of the time and place the person must appear before a   magistrate, the name and address of the person charged, the offense   charged, and the following admonishment, in boldfaced or underlined   type or in capital letters:          "If you are convicted of a misdemeanor offense involving   violence where you are or were a spouse, intimate partner, parent,   or guardian of the victim or are or were involved in another,   similar relationship with the victim, it may be unlawful for you to   possess or purchase a firearm, including a handgun or long gun, or   ammunition, pursuant to federal law under 18 U.S.C. Section   922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any   questions whether these laws make it illegal for you to possess or   purchase a firearm, you should consult an attorney."          (b-1)  A peace officer who is charging a person, including a   child, with committing an offense that is a misdemeanor punishable   by a fine only under Chapter 106, Alcoholic Beverage Code, may,   instead of taking the person before a magistrate, issue to the   person a citation that contains written notice of the time and place   the person must appear before a magistrate, the name and address of   the person charged, and the offense charged.          SECTION 2.  Section 543.004(a), Transportation Code, is   amended to read as follows:          (a)  An officer shall issue a written notice to appear if:                (1)  the offense charged is [speeding or] a misdemeanor   under this subtitle that is punishable by a fine only [violation of   the open container law, Section 49.03, Penal Code]; and                (2)  the person makes a written promise to appear in   court as provided by Section 543.005.          SECTION 3.  Subchapter A, Chapter 543, Transportation Code,   is amended by adding Section 543.0045 to read as follows:          Sec. 543.0045.  NOTIFICATION REQUIRED DURING TRAFFIC STOP.   (a)  An officer who stops a motor vehicle as a result of a person's   alleged commission of a misdemeanor under this subtitle that is   punishable by a fine only shall promptly notify the person that:                (1)  the alleged offense is a misdemeanor under this   subtitle that is punishable by a fine only; and                (2)  the officer may not arrest a person solely on the   basis of that offense.          (b)  The Texas Commission on Law Enforcement by rule shall   specify the language that is required to be included in the   notification described by Subsection (a).          SECTION 4.  The changes in law made by this Act apply only to   an offense committed on or after the effective date of this Act. An   offense committed before the effective date of this Act is governed   by the law in effect on the date 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 5.  The Texas Commission on Law Enforcement shall   adopt the rules required by Section 543.0045(b), Transportation   Code, as added by this Act, not later than December 1, 2017.          SECTION 6.  (a) Except as provided by Subsection (b) of this   section, this Act takes effect September 1, 2017.          (b)  Section 543.0045, Transportation Code, as added by this   Act, takes effect January 1, 2018.