| 1 | 1 | | 81R9575 TRH-F |
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| 2 | 2 | | By: Turner of Harris H.B. No. 3056 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the driver responsibility program. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 708.151, Transportation Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | Sec. 708.151. NOTICE OF SURCHARGE. (a) The department |
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| 12 | 12 | | shall send notices as required by Subsection (b) to [notify] the |
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| 13 | 13 | | holder of a driver's license when [of the assessment of] a surcharge |
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| 14 | 14 | | is assessed on that license. Each notice must: |
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| 15 | 15 | | (1) be sent by first class mail [sent] to the person's |
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| 16 | 16 | | most recent address as shown on the records of the department; |
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| 17 | 17 | | (2)[. The notice must] specify the date by which the |
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| 18 | 18 | | surcharge must be paid; and |
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| 19 | 19 | | (3) state the consequences of a failure to pay the |
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| 20 | 20 | | surcharge. |
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| 21 | 21 | | (b) The department shall send a first notice not later than |
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| 22 | 22 | | the fifth day after the date the surcharge is assessed. If before |
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| 23 | 23 | | the 30th day after the date the first notice was sent the person |
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| 24 | 24 | | fails to pay the amount of the surcharge or fails to enter into an |
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| 25 | 25 | | installment payment agreement with the department, the department |
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| 26 | 26 | | shall send a second notice. If before the 30th day after the date |
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| 27 | 27 | | the second notice was sent the person fails to pay the amount of the |
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| 28 | 28 | | surcharge or fails to enter into an installment payment agreement |
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| 29 | 29 | | with the department, the department shall send a third notice. |
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| 30 | 30 | | SECTION 2. Section 708.152(a), Transportation Code, is |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | (a) If before the 30th day after the date the department |
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| 33 | 33 | | sends a third notice under Section 708.151 the person fails to pay |
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| 34 | 34 | | the amount of a surcharge on the person's license or fails to enter |
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| 35 | 35 | | into an installment payment agreement with the department, the |
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| 36 | 36 | | license of the person is automatically suspended. |
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| 37 | 37 | | SECTION 3. Section 708.153(b), Transportation Code, is |
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| 38 | 38 | | amended to read as follows: |
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| 39 | 39 | | (b) A rule under this section: |
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| 40 | 40 | | (1) may not require [permit] a person to pay a |
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| 41 | 41 | | surcharge over a period of less [more] than 36 consecutive months; |
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| 42 | 42 | | and |
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| 43 | 43 | | (2) may provide that if the person fails to make a |
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| 44 | 44 | | required installment payment, the department may reestablish the |
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| 45 | 45 | | installment plan or declare the amount of the unpaid surcharge |
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| 46 | 46 | | immediately due and payable. |
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| 47 | 47 | | SECTION 4. Subchapter D, Chapter 708, Transportation Code, |
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| 48 | 48 | | is amended by adding Section 708.158 to read as follows: |
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| 49 | 49 | | Sec. 708.158. JURISDICTION. (a) For the time a surcharge |
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| 50 | 50 | | under this chapter is outstanding, the court in which a person is |
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| 51 | 51 | | convicted of the offense that is the basis for the surcharge has |
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| 52 | 52 | | jurisdiction over the person, the department, and all agents of the |
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| 53 | 53 | | department regarding all matters relating to the surcharge. |
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| 54 | 54 | | (b) The court may reduce or waive a surcharge under this |
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| 55 | 55 | | chapter. A person who is assessed a surcharge may file a pleading, |
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| 56 | 56 | | request a hearing, or otherwise invoke the jurisdiction of the |
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| 57 | 57 | | court described by Subsection (a) at any time the person is required |
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| 58 | 58 | | to pay a surcharge or is subject to any other enforcement procedure |
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| 59 | 59 | | described by this chapter. |
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| 60 | 60 | | (c) The department may not assess a surcharge against a |
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| 61 | 61 | | person who is indigent. For purposes of this section, a person is |
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| 62 | 62 | | presumed to be indigent if the person was represented by appointed |
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| 63 | 63 | | counsel at the person's trial for the offense that is the basis for |
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| 64 | 64 | | the surcharge. |
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| 65 | 65 | | SECTION 5. The changes in law made by this Act apply only to |
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| 66 | 66 | | a surcharge that is assessed on or after the effective date of this |
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| 67 | 67 | | Act. A surcharge that was assessed before the effective date of |
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| 68 | 68 | | this Act is subject to the law in effect on the date the surcharge |
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| 69 | 69 | | was assessed, and that law is continued in effect for that purpose. |
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| 70 | 70 | | SECTION 6. This Act takes effect September 1, 2009. |
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