By: Shapleigh S.B. No. 896
(In the Senate - Filed February 17, 2009; March 9, 2009,
read first time and referred to Committee on Transportation and
Homeland Security; April 8, 2009, reported favorably by the
following vote: Yeas 7, Nays 2; April 8, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of the driver responsibility program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 780.002, Health and Safety Code, is
amended to read as follows:
Sec. 780.002. DEPOSITS TO ACCOUNT. The comptroller shall
deposit any gifts, grants, donations, and legislative
appropriations made for that purpose to the credit of the
designated trauma facility and emergency medical services account
established under Section 780.003. [(a) On the first Monday of
each month, the Department of Public Safety shall remit the
surcharges collected during the previous month under the driver
responsibility program operated by that department under Chapter
708, Transportation Code, to the comptroller.
[(b) The comptroller shall deposit 49.5 percent of the money
received under Subsection (a) to the credit of the account
established under this chapter and 49.5 percent of the money to the
general revenue fund. The remaining one percent of the amount of
the surcharges shall be deposited to the general revenue fund and
may be appropriated only to the Department of Public Safety for
administration of the driver responsibility program operated by
that department under Chapter 708, Transportation Code.
[(c) Notwithstanding Subsection (b), in any state fiscal
year the comptroller shall deposit 49.5 percent of the surcharges
collected under Chapter 708, Transportation Code, to the credit of
the general revenue fund only until the total amount of the
surcharges deposited to the credit of the general revenue fund
under Subsection (b), and the state traffic fines deposited to the
credit of that fund under Section 542.4031(g)(1), Transportation
Code, equals $250 million for that year. If in any state fiscal
year the amount received by the comptroller under those laws for
deposit to the credit of the general revenue fund exceeds $250
million, the comptroller shall deposit the additional amount to the
credit of the Texas mobility fund.]
SECTION 2. Subsection (b), Section 502.1715,
Transportation Code, is amended to read as follows:
(b) Fees collected under this section shall be deposited to
the credit of the state highway fund. Subject to appropriations,
the money shall be used by the Department of Public Safety to:
(1) support the Department of Public Safety's
reengineering of the driver's license system to provide for the
issuance by the Department of Public Safety of a driver's license or
personal identification certificate, to include use of image
comparison technology; and
(2) [establish and maintain a system to support the
driver responsibility program under Chapter 708; and
[(3)] make lease payments to the master lease purchase
program for the financing of the driver's license reengineering
project.
SECTION 3. Subsection (h), Section 542.4031,
Transportation Code, is amended to read as follows:
(h) Notwithstanding Subsection (g)(1), in any state fiscal
year the comptroller shall deposit 67 percent of the money received
under Subsection (e)(2) to the credit of the general revenue fund
only until the total amount of the money deposited to the credit of
the general revenue fund under Subsection (g)(1) [and Section
780.002(b), Health and Safety Code,] equals $250 million for that
year. If in any state fiscal year the amount received by the
comptroller under Subsection (g)(1) [those laws] for deposit to the
credit of the general revenue fund exceeds $250 million, the
comptroller shall deposit the additional amount to the credit of
the Texas mobility fund.
SECTION 4. Subsection (a), Section 601.233, Transportation
Code, is amended to read as follows:
(a) A citation for an offense under Section 601.191 issued
as a result of Section 601.053 must include, in type larger than
other type on the citation, [except for the type of the statement
required by Section 708.105,] the following statement:
"A second or subsequent conviction of an offense under
the Texas Motor Vehicle Safety Responsibility Act will
result in the suspension of your driver's license and
motor vehicle registration unless you file and
maintain evidence of financial responsibility with the
Department of Public Safety for two years from the date
of conviction. The department may waive the
requirement to file evidence of financial
responsibility if you file satisfactory evidence with
the department showing that at the time this citation
was issued, the vehicle was covered by a motor vehicle
liability insurance policy or that you were otherwise
exempt from the requirements to provide evidence of
financial responsibility."
SECTION 5. Chapter 708, Transportation Code, is repealed.
SECTION 6. Notwithstanding the repeal by this Act of
Chapter 708, Transportation Code, a surcharge imposed under former
Chapter 708 of that code before the effective date of this Act is
governed by the applicable law in effect before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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