| 1 | 1 | | 84R7795 AJZ-D |
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| 2 | 2 | | By: Turner of Harris H.B. No. 1795 |
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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 eligibility for indigent status for purposes of the |
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| 8 | 8 | | 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 708.158(a), Transportation Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) The department shall waive all surcharges assessed |
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| 13 | 13 | | under this chapter for a person who is indigent. For the purposes |
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| 14 | 14 | | of this section, a person is considered to be indigent if the |
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| 15 | 15 | | person: |
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| 16 | 16 | | (1) was determined to be indigent for the purpose of |
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| 17 | 17 | | appointing counsel under Article 26.04, Code of Criminal Procedure, |
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| 18 | 18 | | for the offense that is the basis for the surcharge, and the court |
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| 19 | 19 | | did not make a subsequent finding that the person had the ability to |
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| 20 | 20 | | pay, wholly or partly, the cost of the appointed counsel; or |
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| 21 | 21 | | (2) provides the evidence described by Subsection (b) |
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| 22 | 22 | | to the court. |
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| 23 | 23 | | SECTION 2. The change in law made by this Act to Section |
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| 24 | 24 | | 708.158, Transportation Code, applies to a surcharge pending on the |
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| 25 | 25 | | effective date of this Act, regardless of when the surcharge was |
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| 26 | 26 | | assessed. |
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| 27 | 27 | | SECTION 3. This Act takes effect immediately if it receives |
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| 28 | 28 | | a vote of two-thirds of all the members elected to each house, as |
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| 29 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 30 | 30 | | Act does not receive the vote necessary for immediate effect, this |
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| 31 | 31 | | Act takes effect September 1, 2015. |
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