81R3231 ACP-D
By: Coleman H.B. No. 3733
A BILL TO BE ENTITLED
AN ACT
relating to the administration of the driver responsibility
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 708, Transportation Code,
is amended by adding Section 708.004 to read as follows:
Sec. 708.004. DEPARTMENT'S DETERMINATION OF AMOUNT OF
SURCHARGE. The department by rule shall set the amount of a
surcharge to be assessed under this chapter on a person's license.
The amount may not exceed the maximum amount allowed by this chapter
for a surcharge based on points or a conviction, as applicable. The
amount shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the amount necessary to deter a future violation;
and
(3) the amount that maximizes the collection of
surcharges by the department.
SECTION 2. Section 708.054, Transportation Code, is amended
to read as follows:
Sec. 708.054. AMOUNT OF POINTS SURCHARGE. The amount of a
surcharge under this chapter may not exceed [is] $100 for the first
six points and may not exceed $25 for each additional point.
SECTION 3. Section 708.102(c), Transportation Code, is
amended to read as follows:
(c) The amount of a surcharge under this section may not
exceed [is] $1,000 per year, except that the amount of the surcharge
may not exceed [is]:
(1) $1,500 per year for a second or subsequent
conviction within a 36-month period; and
(2) $2,000 for a first or subsequent conviction if it
is shown on the trial of the offense that an analysis of a specimen
of the person's blood, breath, or urine showed an alcohol
concentration level of 0.16 or more at the time the analysis was
performed.
SECTION 4. Section 708.103(b), Transportation Code, is
amended to read as follows:
(b) The amount of a surcharge under this section may not
exceed [is] $250 per year.
SECTION 5. Section 708.104(b), Transportation Code, is
amended to read as follows:
(b) The amount of a surcharge under this section may not
exceed [is] $100 per year.
SECTION 6. Section 708.105, Transportation Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) Before accepting a plea other than a plea under Article
27.14(d), Code of Criminal Procedure, the court must provide a
defendant charged with an offense described by Section 708.102,
708.103, or 708.104 the following statement and require the
defendant to sign the statement:
"A conviction for the offense charged will result in the
assessment of a surcharge that will be imposed annually for a period
of 36 months under the Driver Responsibility Program."
(d) The statement provided to a defendant under Subsection
(c) must also state the maximum amount of the annual surcharge as
provided by Section 708.102, 708.103, or 708.104. The copy of the
statement signed by the defendant shall be retained by the court.
SECTION 7. Section 708.157, Transportation Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The department by rule shall [may] establish an
indigency program to reduce the surcharge on a person's license if
the department determines that the person is indigent [for holders
of a driver's license on which a surcharge has been assessed for
certain offenses, as determined by the department]. The department
shall require a person to submit proof of indigency.
(d) For purposes of this section, a person is indigent if
the person's income is not more than 100 percent of the applicable
income level established by the federal poverty guidelines.
SECTION 8. (a) Not later than October 1, 2010, the
Department of Public Safety shall adopt initial rules determining
the amount of a surcharge on a person's driver's license under
Chapter 708, Transportation Code, as amended by this Act. Not later
than October 1 of each subsequent year, the Department of Public
Safety shall review its rules and determine whether the amount of a
surcharge should be increased or decreased.
(b) A surcharge imposed under Chapter 708, Transportation
Code, before the effective date of the initial rules adopted by the
Department of Public Safety under Subsection (a) of this section is
governed by that chapter as it existed on the date the surcharge was
imposed, and the former law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2009.