H.B. No. 1623
 
 
 
 
AN ACT
  relating to certain offenses, fees, and penalties imposed for
  operating a motor vehicle or vessel in violation of law and to the
  use of the money collected.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 502.404, Transportation Code, is amended
  by adding Subsections (f) and (g) to read as follows:
         (f)  A court may dismiss a charge brought under Subsection
  (a) if the defendant:
               (1)  remedies the defect before the defendant's first
  court appearance; and
               (2)  pays an administrative fee not to exceed $10.
         (g)  A court may dismiss a charge brought under Subsection
  (b) if the defendant:
               (1)  shows that:
                     (A)  the passenger car or commercial motor vehicle
  was issued a registration insignia by the department that
  establishes that the vehicle was registered for the period during
  which the offense was committed; and
                     (B)  the registration insignia described in
  Paragraph (A) was attached to the passenger car or commercial motor
  vehicle before the defendant's first court appearance; and
               (2)  pays an administrative fee not to exceed $10.
         SECTION 2.  Section 502.407(b), Transportation Code, is
  amended to read as follows:
         (b)  A justice of the peace or municipal court judge having
  jurisdiction of the offense may:
               (1)  dismiss a charge of driving with an expired motor
  vehicle registration if the defendant:
                     (A)  remedies the defect not later than the 20th
  [10th] working day after the date of the offense or before the
  defendant's first court appearance date, whichever is later; and
                     (B)  establishes that the fee prescribed by
  Section 502.176 has been paid; and
               (2)  assess an administrative fee not to exceed $20
  [$10] when the charge is dismissed.
         SECTION 3.  Section 502.409, Transportation Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  A court may dismiss a charge brought under Subsection
  (a)(3), (5), (6), or (7) if the defendant:
               (1)  remedies the defect before the defendant's first
  court appearance; and
               (2)  pays an administrative fee not to exceed $10.
         SECTION 4.  Section 521.025, Transportation Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  The court may assess a defendant an administrative fee
  not to exceed $10 if a charge under this section is dismissed
  because of the defense listed under Subsection (d).
         SECTION 5.  Section 521.026, Transportation Code, is amended
  to read as follows:
         Sec. 521.026.  DISMISSAL OF EXPIRED LICENSE CHARGE.  (a)  A
  judge may dismiss a charge of driving with an expired license if the
  defendant remedies this defect within 20 [10] working days or
  before the defendant's first court appearance date, whichever is
  later.
         (b)  The judge may assess the defendant an administrative fee
  not to exceed $20 [$10] when the charge of driving with an expired
  driver's license is dismissed under Subsection (a).
         SECTION 6.  Section 521.054, Transportation Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  A court may dismiss a charge for a violation of this
  section if the defendant remedies the defect not later than the 20th
  working day after the date of the offense and pays an administrative
  fee not to exceed $20. The court may waive the administrative fee if
  the waiver is in the interest of justice.
         SECTION 7.  Section 521.221, Transportation Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  A court may dismiss a charge for a violation of this
  section if:
               (1)  the restriction or endorsement was imposed:
                     (A)  because of a physical condition that was
  surgically or otherwise medically corrected before the date of the
  offense; or
                     (B)  in error and that fact is established by the
  defendant;
               (2)  the department removes the restriction or
  endorsement before the defendant's first court appearance; and
               (3)  the defendant pays an administrative fee not to
  exceed $10.
         SECTION 8.  Section 521.457, Transportation Code, is amended
  by amending Subsections (e) and (f) and adding Subsection (f-1) to
  read as follows:
         (e)  Except as provided by Subsections [Subsection] (f) and
  (f-1), an offense under this section is a Class C misdemeanor
  [punishable by:
               [(1)     a fine of not less than $100 or more than $500;
  and
               [(2)     confinement in county jail for a term of not less
  than 72 hours or more than six months].
         (f)  If it is shown on the trial of an offense under this
  section that the person has previously been convicted of an offense
  under this section or an offense under Section 601.371(a), as that
  law existed before September 1, 2003, the offense is a Class B [A]
  misdemeanor.
         (f-1)  If it is shown on the trial of an offense under this
  section that the license of the person has previously been
  suspended as the result of an offense involving the operation of a
  motor vehicle while intoxicated, the offense is a Class B
  misdemeanor.
         SECTION 9.  Subchapter D, Chapter 542, Transportation Code,
  is amended by adding Sections 542.405 and 542.406 to read as
  follows:
         Sec. 542.405.  AMOUNT OF CIVIL PENALTY; LATE PAYMENT
  PENALTY. If a local authority enacts an ordinance to enforce
  compliance with the instructions of a traffic-control signal by the
  imposition of a civil or administrative penalty, the amount of:
               (1)  the civil or administrative penalty may not exceed
  $75; and
               (2)  a late payment penalty may not exceed $25.
         Sec. 542.406.  DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC
  PENALTIES. (a)  In this section, "photographic traffic signal
  enforcement system" means a system that:
               (1)  consists of a camera system and vehicle sensor
  installed to exclusively work in conjunction with an electrically
  operated traffic-control signal;
               (2)  is capable of producing one or more recorded
  photographic or digital images that depict the license plate
  attached to the front or the rear of a motor vehicle that is not
  operated in compliance with the instructions of the traffic-control
  signal; and
               (3)  is designed to enforce compliance with the
  instructions of the traffic-control signal by imposition of a civil
  or administrative penalty against the owner of the motor vehicle.
         (b)  This section applies only to a civil or administrative
  penalty imposed on the owner of a motor vehicle by a local authority
  that operates or contracts for the operation of a photographic
  traffic signal enforcement system with respect to a highway under
  its jurisdiction or that operates or contracts for the operation of
  any other type of electronic traffic law enforcement system
  consisting of a camera system that automatically produces one or
  more recorded photographs or digital images of the license plate on
  a motor vehicle or the operator of a motor vehicle.
         (c)  Not later than the 60th day after the end of a local
  authority's fiscal year, after deducting amounts the local
  authority is authorized by Subsection (d) to retain, the local
  authority shall:
               (1)  send 50 percent of the revenue derived from civil
  or administrative penalties collected by the local authority under
  this section to the comptroller for deposit to the credit of the
  regional trauma account established under Section 782.002, Health
  and Safety Code; and
               (2)  deposit the remainder of the revenue in a special
  account in the local authority's treasury that may be used only to
  fund traffic safety programs, including pedestrian safety
  programs, public safety programs, intersection improvements, and
  traffic enforcement.
         (d)  A local authority may retain an amount necessary to
  cover the costs of:
               (1)  purchasing or leasing equipment that is part of or
  used in connection with the photographic traffic signal enforcement
  system in the local authority;
               (2)  installing the photographic traffic signal
  enforcement system at sites in the local authority, including the
  costs of installing cameras, flashes, computer equipment, loop
  sensors, detectors, utility lines, data lines, poles and mounts,
  networking equipment, and associated labor costs;
               (3)  operating the photographic traffic signal
  enforcement system in the local authority, including the costs of
  creating, distributing, and delivering violation notices, review
  of violations conducted by employees of the local authority, the
  processing of fine payments and collections, and the costs
  associated with administrative adjudications and appeals; and
               (4)  maintaining the general upkeep and functioning of
  the photographic traffic signal enforcement system.
         (e)  Chapter 133, Local Government Code, applies to fee
  revenue described by Subsection (c)(1).
         (f)  If under Section 133.059, Local Government Code, the
  comptroller conducts an audit of a local authority and determines
  that the local authority retained more than the amounts authorized
  by this section or failed to deposit amounts as required by this
  section, the comptroller may impose a penalty on the local
  authority equal to twice the amount the local authority:
               (1)  retained in excess of the amount authorized by
  this section; or
               (2)  failed to deposit as required by this section.
         SECTION 10.  Section 547.004, Transportation Code, is
  amended by adding Subsections (c) and (d) to read as follows:
         (c)  A court may dismiss a charge brought under this section
  if the defendant:
               (1)  remedies the defect before the defendant's first
  court appearance; and
               (2)  pays an administrative fee not to exceed $10.
         (d)  Subsection (c) does not apply to an offense involving a
  commercial motor vehicle.
         SECTION 11.  Section 548.605(b), Transportation Code, is
  amended to read as follows:
         (b)  The court shall:
               (1)  dismiss a charge of driving with an expired
  inspection certificate if:
                     (A)  the defendant remedies the defect within 20
  [10] working days or before the defendant's first court appearance
  date, whichever is later; and
                     (B)  the inspection certificate has not been
  expired for more than 60 days; and
               (2)  assess an administrative fee not to exceed $20
  [$10] when the charge of driving with an expired inspection
  certificate has been remedied.
         SECTION 12.  Section 31.127, Parks and Wildlife Code, is
  amended by amending Subsection (c) and adding Subsection (f) to
  read as follows:
         (c)  Except as provided by Subsection (f), a [A] person who
  operates a vessel in violation of Section 31.021(b) or 31.095
  commits an offense punishable by a fine of not less than $100 or
  more than $500.
         (f)  A court may dismiss a charge of operating a vessel with
  an expired certificate of number under Section 31.021 if:
               (1)  the defendant remedies the defect not later than
  the 10th working day after the date of the offense and pays an
  administrative fee not to exceed $10; and
               (2)  the certificate of number has not been expired for
  more than 60 days.
         SECTION 13.  Section 133.004, Local Government Code, is
  amended to read as follows:
         Sec. 133.004.  CIVIL FEES. This chapter applies to the
  following civil fees:
               (1)  the consolidated fee on filing in district court
  imposed under Section 133.151;
               (2)  the filing fee in district court for basic civil
  legal services for indigents imposed under Section 133.152;
               (3)  the filing fee in courts other than district court
  for basic civil legal services for indigents imposed under Section
  133.153;
               (4)  the filing fees for the judicial fund imposed in
  certain statutory county courts under Section 51.702, Government
  Code;
               (5)  the filing fees for the judicial fund imposed in
  certain county courts under Section 51.703, Government Code;
               (6)  the filing fees for the judicial fund imposed in
  certain statutory probate courts under Section 51.704, Government
  Code;
               (7)  fees collected under Section 118.015;
               (8)  marriage license fees for the family trust fund
  collected under Section 118.018;
               (9)  marriage license or declaration of informal
  marriage fees for the child abuse and neglect prevention trust fund
  account collected under Section 118.022; [and]
               (10)  the filing fee for the judicial fund imposed in
  district court, statutory county court, and county court under
  Section 133.154; and
               (11)  the portion of the civil or administrative
  penalty described by Section 542.406(c)(1), Transportation Code,
  imposed by a local authority to enforce compliance with the
  instructions of a traffic-control signal.
         SECTION 14.  Subtitle B, Title 9, Health and Safety Code, is
  amended by adding Chapter 782 to read as follows:
  CHAPTER 782.  REGIONAL EMERGENCY MEDICAL SERVICES
         Sec. 782.001.  DEFINITIONS.  In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Commissioner" means the executive commissioner
  of the Health and Human Services Commission.
         Sec. 782.002.  REGIONAL TRAUMA ACCOUNT.  (a)  The regional
  trauma account is created as a dedicated account in the general
  revenue fund of the state treasury. Money in the account may be
  appropriated only to the commission to make distributions as
  provided by Section 782.003.
         (b)  The account is composed of money deposited to the credit
  of the account under Section 542.406, Transportation Code, and the
  earnings of the account.
         (c)  Sections 403.095 and 404.071, Government Code, do not
  apply to the account.
         Sec. 782.003.  PAYMENTS FROM THE REGIONAL TRAUMA ACCOUNT.  
  (a)  The commissioner shall use money appropriated from the
  regional trauma account established under Section 782.002 to fund
  uncompensated care of designated trauma facilities and county and
  regional emergency medical services located in the area served by
  the trauma service area regional advisory council that serves the
  local authority submitting money under Section 542.406,
  Transportation Code.
         (b)  In any fiscal year, the commissioner shall use:
               (1)  96 percent of the money appropriated from the
  account to fund a portion of the uncompensated trauma care provided
  at facilities designated as state trauma facilities by the
  Department of State Health Services;
               (2)  two percent of the money appropriated from the
  account for county and regional emergency medical services;
               (3)  one percent of the money appropriated from the
  account for distribution to the 22 trauma service area regional
  advisory councils; and
               (4)  one percent of the money appropriated from the
  account to fund administrative costs of the commission.
         (c)  The money under Subsection (b) shall be distributed in
  proportion to the amount deposited to the account from the local
  authority.
         SECTION 15.  Section 542.406, Transportation Code, as added
  by this Act, and Section 782.002, Health and Safety Code, as added
  by this Act, apply to revenue received by a local authority unit of
  this state from the imposition of a civil or administrative penalty
  on or after the effective date of this Act, regardless of whether
  the penalty was imposed before, on, or after the effective date of
  this Act.
         SECTION 16.  Not later than December 1, 2007, the executive
  commissioner of the Health and Human Services Commission shall
  adopt rules to implement Chapter 782, Health and Safety Code, as
  added by this Act.
         SECTION 17.  (a)  The changes in law made by this Act apply
  only to an offense committed on or after the effective date of this
  Act. For the purposes of this section, an offense is committed
  before the effective date of this Act if any element of the offense
  occurs before that date.
         (b)  An offense committed before the effective date of this
  Act is governed by the law in effect when the offense was committed,
  and the former law is continued in effect for that purpose.
         SECTION 18.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2007.
         (b)  Sections 9, 13, 14, 15, and 16 of this Act take effect
  only if Senate Bill No. 1119, Acts of the 80th Legislature, Regular
  Session, 2007, is enacted and becomes law.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1623 was passed by the House on April
  23, 2007, by the following vote:  Yeas 140, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1623 on May 17, 2007, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1623 on May 27, 2007, by the following vote:  Yeas 135,
  Nays 7, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1623 was passed by the Senate, with
  amendments, on May 15, 2007, by the following vote:  Yeas 30, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1623 on May 26, 2007, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor