83R19622 JXC-D
By: Gonzales, Burnam, Allen, H.B. No. 104
Turner of Harris, Giddings
Substitute the following for H.B. No. 104:
By: Pickett C.S.H.B. No. 104
A BILL TO BE ENTITLED
AN ACT
relating to surcharges associated with and the enforcement of the
driver responsibility program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 708.002, Transportation Code, is amended
to read as follows:
Sec. 708.002. RULES. The department shall adopt [and
enforce] rules to implement [and enforce] this chapter.
SECTION 2. Sections 708.151(a) and (c), Transportation
Code, are amended to read as follows:
(a) The department shall send notices as required by
Subsection (b) to the holder of a driver's license when a surcharge
is assessed on that license. Each notice must:
(1) be sent by first class mail to the person's most
recent address as shown on the records of the department or to the
person's most recent forwarding address on record with the United
States Postal Service if it is different;
(2) specify the date by which the surcharge must be
paid; and
(3) state the total dollar amount of the surcharge
that must be paid, the number of monthly payments required under an
installment payment plan, and the minimum monthly payment required
for a person to enter and maintain an installment payment plan with
the department[; and
[(4) state the consequences of a failure to pay the
surcharge].
(c) If on or before the 45th day after the date the first
notice was sent the person fails to pay the amount of the surcharge
or fails to enter into an installment payment agreement with the
department, the department shall send a second notice. If on or
before the 60th day after the date the second notice was sent the
person fails to pay the amount of the surcharge or fails to enter
into an installment payment agreement with the department, the
department shall send a third notice [that advises the person that
the person's driving privileges are suspended].
SECTION 3. Section 708.152, Transportation Code, is amended
to read as follows:
Sec. 708.152. FAILURE TO PAY SURCHARGE. The department may
not impose a penalty on a person who fails to pay the amount of a
surcharge on the person's license. [(a) If on the 60th day after
the date the department sends a second notice under Section 708.151
the person fails to pay the amount of a surcharge on the person's
license or fails to enter into an installment payment agreement
with the department, the license of the person is automatically
suspended. A person's license may not be suspended under this
section before the 105th day after the date the surcharge was
assessed by the department.
[(b) A license suspended under this section remains
suspended until the person pays the amount of the surcharge and any
related costs.]
SECTION 4. Subchapter D, Chapter 708, Transportation Code,
is amended by adding Section 708.160 to read as follows:
Sec. 708.160. MORATORIUM ON COLLECTION OF SURCHARGES. (a)
Except as provided by Subsection (b), the department may not
collect a surcharge described by this chapter on or after September
1, 2013.
(b) The department may collect a surcharge described by this
chapter on or after September 1, 2015, unless another source of
revenue is dedicated to the designated trauma facility and
emergency medical services account established under Section
780.003, Health and Safety Code, that:
(1) is roughly equal to the amount of revenue
dedicated to the account under this chapter; and
(2) was dedicated to the account on or after January 1,
2013.
SECTION 5. Sections 708.154(b) and (c), Transportation
Code, are repealed.
SECTION 6. This Act takes effect September 1, 2013.