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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Article
102.022(a), Code of Criminal Procedure, is amended to read as follows:
(a) In this article,
"moving violation" means an offense that:
(1) involves the operation
of a motor vehicle; and
(2) is classified as a
moving violation by the Department of Public Safety under Section 542.304
[708.052], Transportation Code.
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No
equivalent provision.
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SECTION 2. Section 1001.257,
Education Code, is amended to read as follows:
Sec. 1001.257. DENIAL OF
LICENSE. The commissioner may not issue or renew a driver education
instructor license, including a temporary license, to a person who has been
convicted of:
(1) three or more moving
violations described by Section 542.304, Transportation Code, including
violations that resulted in an accident; or
(2) two or more moving
violations described by Section 542.304, Transportation Code, that resulted
in an accident [six or more points assigned to the person's driver's
license under Subchapter B, Chapter 708, Transportation Code].
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No
equivalent provision.
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SECTION 3. Section
411.110(f), Government Code, is amended to read as follows:
(f) The Department of State
Health Services may not consider offenses described by [for which
points are assessed under] Section 542.304 [708.052],
Transportation Code, to determine whether to hire or retain an employee or
to contract with a person on whom criminal history record information is
obtained under this section.
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No
equivalent provision.
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SECTION 4. Section
773.0614(b), Health and Safety Code, is amended to read as follows:
(b) For purposes of
Subsection (a), the department may not consider offenses described by
[for which points are assessed under] Section 542.304 [708.052],
Transportation Code.
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No
equivalent provision.
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SECTION 5. Section 780.002,
Health and Safety Code, is amended to read as follows:
Sec. 780.002. DEPOSITS TO
ACCOUNT. The comptroller shall deposit any gifts, grants, donations,
and legislative appropriations made for the purposes of the designated
trauma facility and emergency medical services account established under
Section 780.003 to the credit of the account. [(a) On the first
Monday of each month, the Department of Public Safety shall remit the
surcharges collected during the previous month under the driver
responsibility program operated by that department under Chapter 708,
Transportation Code, to the comptroller.
[(b) The comptroller
shall deposit 49.5 percent of the money received under Subsection (a) to
the credit of the account established under this chapter and 49.5 percent
of the money to the general revenue fund. The remaining one percent of the
amount of the surcharges shall be deposited to the general revenue fund and
may be appropriated only to the Department of Public Safety for
administration of the driver responsibility program operated by that
department under Chapter 708, Transportation Code.
[(c) Notwithstanding
Subsection (b), in any state fiscal year the comptroller shall deposit 49.5
percent of the surcharges collected under Chapter 708, Transportation Code,
to the credit of the general revenue fund only until the total amount of
the surcharges deposited to the credit of the general revenue fund under
Subsection (b), and the state traffic fines deposited to the credit of that
fund under Section 542.4031(g)(1), Transportation Code, equals $250 million
for that year. If in any state fiscal year the amount received by the
comptroller under those laws for deposit to the credit of the general
revenue fund exceeds $250 million, the comptroller shall deposit the
additional amount to the credit of the Texas mobility fund.]
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No
equivalent provision.
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SECTION 6. Section
502.357(b), Transportation Code, is amended to read as follows:
(b) Fees collected under
this section shall be deposited to the credit of the state highway fund.
Subject to appropriations, the money shall be used by the Department of
Public Safety to:
(1) support the Department
of Public Safety's reengineering of the driver's license system to provide
for the issuance by the Department of Public Safety of a driver's license
or personal identification certificate, to include use of image comparison
technology; and
(2) [establish and
maintain a system to support the driver responsibility program under
Chapter 708; and
[(3)] make lease
payments to the master lease purchase program for the financing of the
driver's license reengineering project.
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No
equivalent provision.
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SECTION 7. Section
521.205(a), Transportation Code, is amended to read as follows:
(a) The department by rule
shall provide for approval of a driver education course conducted by the
parent, stepparent, foster parent, legal guardian, step-grandparent, or
grandparent of a person who is required to complete a driver education
course to obtain a Class C license. The rules must provide that:
(1) the person conducting
the course possess a valid license for the preceding three years that has
not been suspended, revoked, or forfeited in the past three years for an
offense that involves the operation of a motor vehicle;
(2) the student driver spend
a minimum number of hours in:
(A) classroom instruction;
and
(B) behind-the-wheel
instruction;
(3) the person conducting
the course not be convicted of:
(A) criminally negligent
homicide; or
(B) driving while
intoxicated;
(4) the person conducting
the course not be disabled because of mental illness; and
(5) at the time a person
begins conducting the course, the person not have been convicted of:
(A) three or more moving
violations described by Section 542.304, Transportation Code, including
violations that resulted in an accident; or
(B) two or more moving violations
described by Section 542.304, Transportation Code, that resulted in an
accident [conducting the course not have six or more points assigned
to the person's driver's license under Subchapter B, Chapter 708, at the
time the person begins conducting the course].
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No
equivalent provision.
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SECTION 8. Subchapter C,
Chapter 542, Transportation Code, is amended by adding Section 542.304 to
read as follows:
Sec. 542.304. MOVING
VIOLATIONS FOR CERTAIN PURPOSES. (a) The department by rule shall designate
the offenses involving the operation of a motor vehicle that constitute a
moving violation of the traffic law for the purposes of:
(1) Article 102.022(a),
Code of Criminal Procedure;
(2) Section 1001.257,
Education Code;
(3) Section 411.110(f),
Government Code;
(4) Section 773.0614(b),
Health and Safety Code; and
(5) Section 521.205(a),
Transportation Code.
(b) The rules must
provide that for the purposes of the provisions described in Subsection
(a), moving violations:
(1) include:
(A) a violation of the
traffic law of this state, another state, or a political subdivision of
this or another state; and
(B) an offense under
Section 545.412; and
(2) do not include:
(A) the offense of
speeding when the person convicted was at the time of the offense driving
less than 10 percent faster than the posted speed limit, unless the person
committed the offense in a school crossing zone; or
(B) an offense
adjudicated under Article 45.051 or 45.0511, Code of Criminal Procedure.
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No
equivalent provision.
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SECTION 9. Section
542.4031(h), Transportation Code, is amended to read as follows:
(h) Notwithstanding
Subsection (g)(1), in any state fiscal year the comptroller shall deposit
67 percent of the money received under Subsection (e)(2) to the credit of
the general revenue fund only until the total amount of the money deposited
to the credit of the general revenue fund under Subsection (g)(1) [and
Section 780.002(b), Health and Safety Code,] equals $250 million for
that year. If in any state fiscal year the amount received by the
comptroller under Subsection (g)(1) [those laws] for deposit
to the credit of the general revenue fund exceeds $250 million, the
comptroller shall deposit the additional amount to the credit of the Texas
mobility fund.
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No
equivalent provision.
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SECTION 10. Section
601.233(a), Transportation Code, is amended to read as follows:
(a) A citation for an
offense under Section 601.191 issued as a result of Section 601.053 must
include, in type larger than other type on the citation, [except for the
type of the statement required by Section 708.105,] the following
statement:
"A second or subsequent
conviction of an offense under the Texas Motor Vehicle Safety
Responsibility Act will result in the suspension of your driver's license
and motor vehicle registration unless you file and maintain evidence of
financial responsibility with the Department of Public Safety for two years
from the date of conviction. The department may waive the requirement to
file evidence of financial responsibility if you file satisfactory evidence
with the department showing that at the time this citation was issued, the
vehicle was covered by a motor vehicle liability insurance policy or that
you were otherwise exempt from the requirements to provide evidence of financial
responsibility."
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No
equivalent provision.
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No
equivalent provision, but see SECTION 11 below that repeals Chapter 708,
Transportation Code.
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SECTION 1. Section 708.002,
Transportation Code, is amended to read as follows:
Sec. 708.002. RULES. The
department shall adopt [and enforce] rules to implement [and
enforce] this chapter.
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No
equivalent provision, but see SECTION 11 below that repeals Chapter 708,
Transportation Code.
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SECTION 2. Sections
708.151(a) and (c), Transportation Code, are amended to read as follows:
(a) The department shall
send notices as required by Subsection (b) to the holder of a driver's
license when a surcharge is assessed on that license. Each notice must:
(1) be sent by first class
mail to the person's most recent address as shown on the records of the
department or to the person's most recent forwarding address on record with
the United States Postal Service if it is different;
(2) specify the date by
which the surcharge must be paid; and
(3) state the total dollar
amount of the surcharge that must be paid, the number of monthly payments
required under an installment payment plan, and the minimum monthly payment
required for a person to enter and maintain an installment payment plan
with the department[; and
[(4) state the
consequences of a failure to pay the surcharge].
(c) If on or before the 45th
day after the date the first notice was sent the person fails to pay the
amount of the surcharge or fails to enter into an installment payment
agreement with the department, the department shall send a second notice.
If on or before the 60th day after the date the second notice was sent the
person fails to pay the amount of the surcharge or fails to enter into an
installment payment agreement with the department, the department shall
send a third notice [that advises the person that the person's driving
privileges are suspended].
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No
equivalent provision, but see SECTION 11 below that repeals Chapter 708,
Transportation Code.
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SECTION 3. Section 708.152,
Transportation Code, is amended to read as follows:
Sec. 708.152. FAILURE TO PAY
SURCHARGE. The department may not impose a penalty on a person who
fails to pay the amount of a surcharge on the person's license. [(a)
If on the 60th day after the date the department sends a second notice
under Section 708.151 the person fails to pay the amount of a surcharge on
the person's license or fails to enter into an installment payment
agreement with the department, the license of the person is automatically
suspended. A person's license may not be suspended under this section
before the 105th day after the date the surcharge was assessed by the
department.
[(b) A license suspended
under this section remains suspended until the person pays the amount of
the surcharge and any related costs.]
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No
equivalent provision.
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SECTION 4. Subchapter D,
Chapter 708, Transportation Code, is amended by adding Section 708.160 to
read as follows:
Sec. 708.160. MORATORIUM
ON COLLECTION OF SURCHARGES. (a) Except as provided by Subsection (b), the
department may not collect a surcharge described by this chapter on or
after September 1, 2013.
(b) The department may
collect a surcharge described by this chapter on or after September 1,
2015, unless another source of revenue is dedicated to the designated
trauma facility and emergency medical services account established under
Section 780.003, Health and Safety Code, that:
(1) is roughly equal to
the amount of revenue dedicated to the account under this chapter; and
(2) was dedicated to the account
on or after January 1, 2013.
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SECTION 11. Chapter 708, Transportation Code, is
repealed.
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SECTION 5. Sections 708.154(b) and (c), Transportation Code, are
repealed.
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SECTION 12. Notwithstanding
the repeal by this Act of Chapter 708, Transportation Code, a surcharge
imposed under former Chapter 708 of that code before the effective date of
this Act is governed by the applicable law in effect before the effective
date of this Act, and the former law is continued in effect for that
purpose.
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No
equivalent provision.
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SECTION 13. This Act takes
effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by Section
39, Article III, Texas Constitution. If this Act does not receive the vote
necessary for immediate effect, this Act takes effect September 1,
2013.
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SECTION 6. This Act takes
effect September 1, 2013.
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