| 1 | 1 | | 81R1175 ACP-D |
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| 2 | 2 | | By: Gonzalez Toureilles H.B. No. 454 |
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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 deduction of points or the removal of certain |
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| 8 | 8 | | surcharges under the driver responsibility program. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 708.103(a), Transportation Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Except as provided by Section 708.202, each [Each] year |
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| 13 | 13 | | the department shall assess a surcharge on the license of each |
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| 14 | 14 | | person who during the preceding 36-month period has been convicted |
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| 15 | 15 | | of an offense under Section 521.457, 601.191, or 601.371. |
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| 16 | 16 | | SECTION 2. Chapter 708, Transportation Code, is amended by |
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| 17 | 17 | | adding Subchapter E to read as follows: |
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| 18 | 18 | | SUBCHAPTER E. DEDUCTION OF POINTS OR ELIMINATION OF SURCHARGE |
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| 19 | 19 | | Sec. 708.201. ELIGIBILITY. A person who is paying a |
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| 20 | 20 | | surcharge under this chapter is eligible for a deduction of points |
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| 21 | 21 | | or elimination of a surcharge as provided by this subchapter if: |
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| 22 | 22 | | (1) the person has paid a surcharge for at least the |
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| 23 | 23 | | preceding 12-month period because of: |
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| 24 | 24 | | (A) an accumulation of points under Subchapter B; |
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| 25 | 25 | | or |
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| 26 | 26 | | (B) a conviction of an offense under Section |
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| 27 | 27 | | 601.191 or 601.371; and |
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| 28 | 28 | | (2) the person has not: |
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| 29 | 29 | | (A) received a deduction of points or the |
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| 30 | 30 | | elimination of a surcharge under this subchapter in the previous 24 |
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| 31 | 31 | | months; and |
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| 32 | 32 | | (B) successfully completed a driving safety |
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| 33 | 33 | | course approved by the Texas Education Agency or a course under the |
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| 34 | 34 | | motorcycle operator training and safety program approved by the |
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| 35 | 35 | | designated state agency under Chapter 662 in the previous 12 |
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| 36 | 36 | | months. |
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| 37 | 37 | | Sec. 708.202. DRIVING SAFETY COURSE REQUIRED. (a) A person |
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| 38 | 38 | | who successfully completes a driving safety course approved by the |
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| 39 | 39 | | Texas Education Agency or a course under the motorcycle operator |
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| 40 | 40 | | training and safety program approved by the designated state agency |
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| 41 | 41 | | under Chapter 662 is entitled to: |
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| 42 | 42 | | (1) a deduction of two points on the person's driver's |
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| 43 | 43 | | license under Subchapter B; or |
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| 44 | 44 | | (2) elimination of a surcharge based on a conviction |
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| 45 | 45 | | of an offense under Section 601.191 or 601.371. |
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| 46 | 46 | | (b) If the deduction of points under this section causes a |
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| 47 | 47 | | person to have fewer than six points accumulated on the person's |
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| 48 | 48 | | driver's license, the person is no longer required to pay a |
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| 49 | 49 | | surcharge. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2009. |
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