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A BILL TO BE ENTITLED
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AN ACT
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relating to surcharges associated with and the enforcement of the |
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driver responsibility program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 708.002, Transportation Code, is amended |
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to read as follows: |
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Sec. 708.002. RULES. The department shall adopt [and
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enforce] rules to implement [and enforce] this chapter. |
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SECTION 2. Sections 708.151(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) The department shall send notices as required by |
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Subsection (b) to the holder of a driver's license when a surcharge |
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is assessed on that license. Each notice must: |
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(1) be sent by first class mail to the person's most |
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recent address as shown on the records of the department or to the |
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person's most recent forwarding address on record with the United |
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States Postal Service if it is different; |
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(2) specify the date by which the surcharge must be |
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paid; and |
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(3) state the total dollar amount of the surcharge |
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that must be paid, the number of monthly payments required under an |
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installment payment plan, and the minimum monthly payment required |
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for a person to enter and maintain an installment payment plan with |
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the department[; and
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[(4) state the consequences of a failure to pay the
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surcharge]. |
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(c) If on or before the 45th day after the date the first |
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notice was sent the person fails to pay the amount of the surcharge |
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or fails to enter into an installment payment agreement with the |
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department, the department shall send a second notice. If on or |
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before the 60th day after the date the second notice was sent the |
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person fails to pay the amount of the surcharge or fails to enter |
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into an installment payment agreement with the department, the |
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department shall send a third notice [that advises the person that
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the person's driving privileges are suspended]. |
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SECTION 3. Section 708.152, Transportation Code, is amended |
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to read as follows: |
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Sec. 708.152. FAILURE TO PAY SURCHARGE. The department may |
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not impose a penalty on a person who fails to pay the amount of a |
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surcharge on the person's license. [(a) If on the 60th day after
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the date the department sends a second notice under Section 708.151
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the person fails to pay the amount of a surcharge on the person's
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license or fails to enter into an installment payment agreement
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with the department, the license of the person is automatically
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suspended.
A person's license may not be suspended under this
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section before the 105th day after the date the surcharge was
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assessed by the department.
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[(b)
A license suspended under this section remains
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suspended until the person pays the amount of the surcharge and any
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related costs.] |
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SECTION 4. Subchapter D, Chapter 708, Transportation Code, |
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is amended by adding Section 708.160 to read as follows: |
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Sec. 708.160. MORATORIUM ON COLLECTION OF SURCHARGES. (a) |
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Except as provided by Subsection (b), the department may not |
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collect a surcharge described by this chapter on or after September |
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1, 2013. |
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(b) The department may collect a surcharge described by this |
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chapter on or after September 1, 2015, unless another source of |
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revenue is dedicated to the designated trauma facility and |
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emergency medical services account established under Section |
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780.003, Health and Safety Code, that: |
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(1) is roughly equal to the amount of revenue |
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dedicated to the account under this chapter; and |
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(2) was dedicated to the account on or after January 1, |
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2013. |
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SECTION 5. Sections 708.154(b) and (c), Transportation |
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Code, are repealed. |
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SECTION 6. This Act takes effect September 1, 2013. |