| 1 | 1 | | 83R19622 JXC-D |
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| 2 | 2 | | By: Gonzales, Burnam, Allen, H.B. No. 104 |
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| 3 | 3 | | Turner of Harris, Giddings |
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| 4 | 4 | | Substitute the following for H.B. No. 104: |
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| 5 | 5 | | By: Pickett C.S.H.B. No. 104 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to surcharges associated with and the enforcement of the |
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| 11 | 11 | | driver responsibility program. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 708.002, Transportation Code, is amended |
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| 14 | 14 | | to read as follows: |
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| 15 | 15 | | Sec. 708.002. RULES. The department shall adopt [and |
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| 16 | 16 | | enforce] rules to implement [and enforce] this chapter. |
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| 17 | 17 | | SECTION 2. Sections 708.151(a) and (c), Transportation |
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| 18 | 18 | | Code, are amended to read as follows: |
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| 19 | 19 | | (a) The department shall send notices as required by |
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| 20 | 20 | | Subsection (b) to the holder of a driver's license when a surcharge |
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| 21 | 21 | | is assessed on that license. Each notice must: |
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| 22 | 22 | | (1) be sent by first class mail to the person's most |
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| 23 | 23 | | recent address as shown on the records of the department or to the |
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| 24 | 24 | | person's most recent forwarding address on record with the United |
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| 25 | 25 | | States Postal Service if it is different; |
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| 26 | 26 | | (2) specify the date by which the surcharge must be |
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| 27 | 27 | | paid; and |
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| 28 | 28 | | (3) state the total dollar amount of the surcharge |
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| 29 | 29 | | that must be paid, the number of monthly payments required under an |
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| 30 | 30 | | installment payment plan, and the minimum monthly payment required |
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| 31 | 31 | | for a person to enter and maintain an installment payment plan with |
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| 32 | 32 | | the department[; and |
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| 33 | 33 | | [(4) state the consequences of a failure to pay the |
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| 34 | 34 | | surcharge]. |
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| 35 | 35 | | (c) If on or before the 45th day after the date the first |
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| 36 | 36 | | notice was sent the person fails to pay the amount of the surcharge |
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| 37 | 37 | | or fails to enter into an installment payment agreement with the |
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| 38 | 38 | | department, the department shall send a second notice. If on or |
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| 39 | 39 | | before the 60th day after the date the second notice was sent the |
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| 40 | 40 | | person fails to pay the amount of the surcharge or fails to enter |
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| 41 | 41 | | into an installment payment agreement with the department, the |
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| 42 | 42 | | department shall send a third notice [that advises the person that |
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| 43 | 43 | | the person's driving privileges are suspended]. |
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| 44 | 44 | | SECTION 3. Section 708.152, Transportation Code, is amended |
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| 45 | 45 | | to read as follows: |
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| 46 | 46 | | Sec. 708.152. FAILURE TO PAY SURCHARGE. The department may |
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| 47 | 47 | | not impose a penalty on a person who fails to pay the amount of a |
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| 48 | 48 | | surcharge on the person's license. [(a) If on the 60th day after |
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| 49 | 49 | | the date the department sends a second notice under Section 708.151 |
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| 50 | 50 | | the person fails to pay the amount of a surcharge on the person's |
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| 51 | 51 | | license or fails to enter into an installment payment agreement |
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| 52 | 52 | | with the department, the license of the person is automatically |
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| 53 | 53 | | suspended. A person's license may not be suspended under this |
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| 54 | 54 | | section before the 105th day after the date the surcharge was |
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| 55 | 55 | | assessed by the department. |
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| 56 | 56 | | [(b) A license suspended under this section remains |
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| 57 | 57 | | suspended until the person pays the amount of the surcharge and any |
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| 58 | 58 | | related costs.] |
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| 59 | 59 | | SECTION 4. Subchapter D, Chapter 708, Transportation Code, |
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| 60 | 60 | | is amended by adding Section 708.160 to read as follows: |
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| 61 | 61 | | Sec. 708.160. MORATORIUM ON COLLECTION OF SURCHARGES. (a) |
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| 62 | 62 | | Except as provided by Subsection (b), the department may not |
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| 63 | 63 | | collect a surcharge described by this chapter on or after September |
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| 64 | 64 | | 1, 2013. |
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| 65 | 65 | | (b) The department may collect a surcharge described by this |
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| 66 | 66 | | chapter on or after September 1, 2015, unless another source of |
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| 67 | 67 | | revenue is dedicated to the designated trauma facility and |
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| 68 | 68 | | emergency medical services account established under Section |
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| 69 | 69 | | 780.003, Health and Safety Code, that: |
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| 70 | 70 | | (1) is roughly equal to the amount of revenue |
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| 71 | 71 | | dedicated to the account under this chapter; and |
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| 72 | 72 | | (2) was dedicated to the account on or after January 1, |
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| 73 | 73 | | 2013. |
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| 74 | 74 | | SECTION 5. Sections 708.154(b) and (c), Transportation |
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| 75 | 75 | | Code, are repealed. |
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| 76 | 76 | | SECTION 6. This Act takes effect September 1, 2013. |
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