By: Mallory Caraway, et al. H.B. No. 1054
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of certain traffic laws; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 601.053, Transportation Code, is amended
by adding Subsections (c), (d), and (e) to read as follows:
(c) A document listed in Subsection (a) is sufficient
evidence that financial responsibility is established for a vehicle
if the document:
(1) identifies the operator of the vehicle as an
insured or as covered by the surety bond, deposit, or certificate of
self-insurance, regardless of whether the document identifies the
vehicle by make or model; or
(2) identifies the vehicle by make and model and as a
covered vehicle, regardless of whether the document identifies the
operator of the vehicle by name, provided that the document does not
specifically exclude the operator by name or age.
(d) A person commits an offense if the person fails or
refuses to provide to a peace officer the evidence of financial
responsibility as required by Subsection (a). An offense under
this subsection is a Class C misdemeanor.
(e) A court shall dismiss a charge of an offense under
Subsection (d) if the defendant presents to the court one of the
documents listed in Subsection (a) that was valid at the time that
the offense occurred. The court may assess the defendant an
administrative fee not to exceed $10 when the charge is dismissed.
Section 51.607, Government Code, does not apply to the
administrative fee.
SECTION 2. Section 601.195, Transportation Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) A motor vehicle that is operated in violation of
Subsection (a) may be impounded by, or at the order of, a peace
officer solely because of that violation.
(d) A motor vehicle may be impounded by or at the order of a
peace officer only if:
(1) written policies are adopted through a public
hearing process authorizing the impoundment; and
(2) the adopted policies provide for the issuance of a
citation to the operator for the applicable offense defined by
Subsection (a) or for charging the operator with the applicable
offense defined by Subsection (a) as an alternative to impoundment.
SECTION 3. Section 708.103(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Section 708.202, each [Each] year
the department shall assess a surcharge on the license of each
person who during the preceding 36-month period has been convicted
of an offense under Section 521.457, 601.191, or 601.371.
SECTION 4. Chapter 708, Transportation Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. DEDUCTION OF POINTS OR ELIMINATION OF SURCHARGE
Sec. 708.201. ELIGIBILITY. A person who is paying a
surcharge under this chapter is eligible for a deduction of points
or elimination of a surcharge as provided by this subchapter if:
(1) the person has paid a surcharge for at least the
preceding 12-month period because of:
(A) an accumulation of points under Subchapter B;
or
(B) a conviction of an offense under Section
601.191 or 601.371; and
(2) the person has not:
(A) received a deduction of points or the
elimination of a surcharge under this subchapter in the previous 24
months; and
(B) successfully completed a driving safety
course approved by the Texas Education Agency or a course under the
motorcycle operator training and safety program approved by the
designated state agency under Chapter 662 in the previous 12
months.
Sec. 708.202. DRIVING SAFETY COURSE REQUIRED. (a) A person
who successfully completes a driving safety course approved by the
Texas Education Agency or a course under the motorcycle operator
training and safety program approved by the designated state agency
under Chapter 662 is entitled to:
(1) a deduction of two points on the person's driver's
license under Subchapter B; or
(2) elimination of a surcharge based on a conviction
of an offense under Section 601.191 or 601.371.
(b) If the deduction of points under this section causes a
person to have fewer than six points accumulated on the person's
driver's license, the person is no longer required to pay a
surcharge.
SECTION 5. This Act takes effect September 1, 2009.