85R577 AJZ-D
 
  By: White H.B. No. 67
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the repeal of the driver responsibility program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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.
         SECTION 2.  Section 1001.112, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Notwithstanding Subsection (a)(4), the rules adopted
  under Subsection (a) must provide that on the date a person
  described by Subsection (a) begins conducting a driver education
  course, the person conducting the course has not been convicted
  during the preceding 36-month period 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.
         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.
         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.
         SECTION  5.  Section 773.06141(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The department may suspend, revoke, or deny an emergency
  medical services provider license on the grounds that the
  provider's administrator of record, employee, or other
  representative:
               (1)  has been convicted of, or placed on deferred
  adjudication community supervision or deferred disposition for, an
  offense that directly relates to the duties and responsibilities of
  the administrator, employee, or representative, other than an
  offense described by [for which points are assigned under] Section
  542.304 [708.052], Transportation Code;
               (2)  has been convicted of or placed on deferred
  adjudication community supervision or deferred disposition for an
  offense, including:
                     (A)  an offense listed in Article 42A.054(a)(2),
  (3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
  or
                     (B)  an offense, other than an offense described
  by Subdivision (1), for which the person is subject to registration
  under Chapter 62, Code of Criminal Procedure; or
               (3)  has been convicted of Medicare or Medicaid fraud,
  has been excluded from participation in the state Medicaid program,
  or has a hold on payment for reimbursement under the state Medicaid
  program under Subchapter C, Chapter 531, Government Code.
         SECTION 6.  Section 780.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 780.002.  CERTAIN 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.]
         SECTION 7.  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 except that the comptroller
  shall provide for a portion of the fees to be deposited first to the
  credit of a special fund in the state treasury outside the general
  revenue fund to be known as the TexasSure Fund in a total amount
  that is necessary to cover the total amount appropriated to the
  Texas Department of Insurance from that fund and for the remaining
  fees to be deposited to the state highway fund.  Subject to
  appropriations, the money deposited to the credit of the state
  highway fund under this section may 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.
         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 1001.112(a-1), Education Code;
               (3)  Section 411.110(f), Government Code; and
               (4)  Sections 773.0614(b) and 773.06141(a), Health and
  Safety 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)  an offense committed before September 1,
  2003;
                     (B)  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
                     (C)  an offense adjudicated under Article 45.051
  or 45.0511, Code of Criminal Procedure.
         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.
         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."
         SECTION 11.  Chapter 708, Transportation Code, is repealed.
         SECTION 12.  The repeal by this Act of Chapter 708,
  Transportation Code, applies to any surcharge pending on the
  effective date of this Act, regardless of whether the surcharge was
  imposed before that date.
         SECTION 13.  This Act takes effect September 1, 2017.