81R1175 ACP-D
By: Gonzalez Toureilles H.B. No. 454
A BILL TO BE ENTITLED
AN ACT
relating to the deduction of points or the removal of certain
surcharges under the driver responsibility program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. This Act takes effect September 1, 2009.