Texas 2015 - 84th Regular

Texas House Bill HB2671 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R26624 AJZ-F
2	2	By: Thompson of Harris, Phillips, Pickett H.B. No. 2671
3	3	Substitute the following for H.B. No. 2671:
4	4	By: Phillips C.S.H.B. No. 2671
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to penalties for certain criminal offenses regarding
10	10	operating a motor vehicle; imposing a fee and changing a surcharge.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 521, Transportation Code,
13	13	is amended by adding Section 521.0265 to read as follows:
14	14	Sec. 521.0265. DISMISSAL OF DRIVING WITHOUT REQUIRED
15	15	LICENSE CHARGE. (a) A judge may dismiss a charge of operating a
16	16	motor vehicle without a driver's license under Section 521.021 if
17	17	the defendant obtains a driver's license not later than the 60th
18	18	working day after the date of the offense.
19	19	(b) The judge shall assess the defendant an administrative
20	20	fee not to exceed $50 when a charge is dismissed under Subsection
21	21	(a).
22	22	(c) This section does not apply to a charge of driving
23	23	without a commercial driver's license under Section 522.011.
24	24	SECTION 2. Section 521.343(c), Transportation Code, is
25	25	amended to read as follows:
26	26	(c) Except as otherwise provided by Section 521.457(h), if
27	27	[If] the license holder is convicted of operating a motor vehicle
28	28	while the license to operate a motor vehicle is cancelled,
29	29	disqualified, suspended, revoked, or denied, the period is extended
30	30	for the same term as the original suspension or disqualification,
31	31	in addition to any penalty assessed under this chapter or Chapter
32	32	522.
33	33	SECTION 3. Section 521.457, Transportation Code, is amended
34	34	by adding Subsection (h) to read as follows:
35	35	(h) The department may not extend the period a person's
36	36	driver's license is suspended, as provided by Section 521.343, for
37	37	a conviction of an offense described by Subsection (a)(2) if:
38	38	(1) the person has not been convicted of an offense
39	39	under this section in the 36-month period before the date of the
40	40	current offense; and
41	41	(2) at the time of the current offense the person's
42	42	license was suspended under Section 708.152.
43	43	SECTION 4. Subchapter G, Chapter 601, Transportation Code,
44	44	is amended by adding Section 601.192 to read as follows:
45	45	Sec. 601.192. DISMISSAL OF CHARGE OF OPERATION OF MOTOR
46	46	VEHICLE IN VIOLATION OF MOTOR VEHICLE LIABILITY INSURANCE
47	47	REQUIREMENT. (a) A judge may dismiss a charge under Section
48	48	601.191 for a defendant who cannot establish financial
49	49	responsibility on the date of the offense if the defendant
50	50	establishes financial responsibility under Section 601.051 not
51	51	later than the 20th working day after the date of the offense.
52	52	(b) If the defendant establishes financial responsibility
53	53	under Subsection (a) through a motor vehicle liability insurance
54	54	policy that complies with Subchapter D, the policy must be prepaid
55	55	and valid for at least a six-month period.
56	56	(c) The judge shall assess the defendant an administrative
57	57	fee not to exceed $50 when a charge is dismissed under Subsection
58	58	(a).
59	59	SECTION 5. Section 708.055, Transportation Code, is amended
60	60	to read as follows:
61	61	Sec. 708.055. NOTICE OF ASSIGNMENT OF FIFTH POINT. The
62	62	department shall notify the holder of a driver's license of the
63	63	assignment of a fifth point on that license by first class mail sent
64	64	to the person's most recent address as shown on the records of the
65	65	department or records obtained by the department from another
66	66	entity or service.
67	67	SECTION 6. Sections 708.102(b), (c), and (d),
68	68	Transportation Code, are amended to read as follows:
69	69	(b) The [Each year the] department shall assess a surcharge
70	70	on the license of a [each] person for each conviction [who during
71	71	the preceding 36-month period has been finally convicted] of an
72	72	offense relating to the operating of a motor vehicle while
73	73	intoxicated.
74	74	(c) The amount of a surcharge under this section is:
75	75	(1) $3,000 for the first conviction;
76	76	(2) $4,500 [$1,000 per year, except that the amount of
77	77	the surcharge is:
78	78	[(1) $1,500 per year] for a second or subsequent
79	79	conviction within a 36-month period; or
80	80	(3) $6,000 [and
81	81	[(2) $2,000] for a first or subsequent conviction if
82	82	it is shown on the trial of the offense that an analysis of a
83	83	specimen of the person's blood, breath, or urine showed an alcohol
84	84	concentration level of 0.16 or more at the time the analysis was
85	85	performed.
86	86	(d) A surcharge under this section [for the same conviction]
87	87	may not be assessed more than once for the same conviction [in more
88	88	than three years].
89	89	SECTION 7. Section 708.103, Transportation Code, is amended
90	90	to read as follows:
91	91	Sec. 708.103. SURCHARGE FOR CONVICTION OF DRIVING WHILE
92	92	LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. (a) The
93	93	[Each year the] department shall assess a surcharge on the license
94	94	of each person who is [during the preceding 36-month period has
95	95	been] convicted of an offense under:
96	96	(1) Section [521.457,] 601.191[,] or 601.371; or
97	97	(2) Section 521.457, if the defendant has been
98	98	previously convicted one or more times of an offense under that
99	99	section.
100	100	(b) The amount of a surcharge under this section is $650
101	101	[$250 per year].
102	102	SECTION 8. Section 708.104, Transportation Code, is amended
103	103	to read as follows:
104	104	Sec. 708.104. SURCHARGE FOR CONVICTION OF DRIVING WITHOUT
105	105	REQUIRED [VALID] LICENSE. (a) The [Each year the] department shall
106	106	assess a surcharge on the license of a person who is [during the
107	107	preceding 36-month period has been] convicted of an offense under
108	108	Section 521.021.
109	109	(b) The amount of a surcharge under this section is $300
110	110	[$100 per year].
111	111	(c) A surcharge under this section [for the same conviction]
112	112	may not be assessed more than once for the same conviction [in more
113	113	than three years].
114	114	SECTION 9. Section 708.105, Transportation Code, is amended
115	115	by adding Subsection (c) to read as follows:
116	116	(c) The court shall notify a defendant charged with an
117	117	offense under a traffic law of this state or a political subdivision
118	118	of this state, in writing, at the time of the defendant's first
119	119	court appearance or as soon as possible on or after the date the
120	120	defendant pays a fine associated with the offense, whichever is
121	121	earlier, that a conviction may result in the assessment of a
122	122	surcharge under the driver responsibility program. The written
123	123	notification must include the statement described by Subsection
124	124	(a).
125	125	SECTION 10. Section 708.106, Transportation Code, is
126	126	amended to read as follows:
127	127	Sec. 708.106. DEFERRAL OF SURCHARGES FOR DEPLOYED MILITARY
128	128	PERSONNEL. The department by rule shall establish a deferral
129	129	program for surcharges assessed under Section 708.103 or 708.104
130	130	against a person who is a member of the United States armed forces
131	131	on active duty deployed outside of the continental United States.
132	132	The program must:
133	133	(1) toll the surcharge payment [36-month] period while
134	134	the person is deployed; and
135	135	(2) defer assessment of surcharges against the person
136	136	until the date the person is no longer deployed for an offense
137	137	committed:
138	138	(A) before the person was deployed; or
139	139	(B) while the person is deployed.
140	140	SECTION 11. Section 708.151(a), Transportation Code, is
141	141	amended to read as follows:
142	142	(a) The department shall send notices as required by
143	143	Subsection (b) to the holder of a driver's license when a surcharge
144	144	is assessed on that license. Each notice must:
145	145	(1) be sent by first class mail to:
146	146	(A) the person's most recent address as shown on
147	147	the records of the department or records obtained by the department
148	148	from another entity or service; or
149	149	(B) [to] the person's most recent forwarding
150	150	address on record with the United States Postal Service if it is
151	151	different;
152	152	(2) specify the date by which the surcharge must be
153	153	paid;
154	154	(3) state the total dollar amount of the surcharge
155	155	that must be paid, the number of monthly payments required under an
156	156	installment payment plan, and the minimum monthly payment required
157	157	for a person to enter and maintain an installment payment plan with
158	158	the department; and
159	159	(4) state the consequences of a failure to pay the
160	160	surcharge.
161	161	SECTION 12. Section 708.153, Transportation Code, is
162	162	amended to read as follows:
163	163	Sec. 708.153. INSTALLMENT PAYMENT OF SURCHARGE. (a) The
164	164	department by rule shall provide for the payment of any [a]
165	165	surcharge assessed under this chapter in installments, including a
166	166	surcharge pending on September 1, 2015.
167	167	(b) A rule under this section:
168	168	(1) may not require a person to:
169	169	(A) pay surcharges that total $500 or more over a
170	170	period of less than 48 [36] consecutive months;
171	171	(B) pay surcharges that total more than $250 but
172	172	not more than $499 over a period of less than 24 consecutive months;
173	173	or
174	174	(C) pay surcharges that total $249 or less over a
175	175	period of less than 12 consecutive months; and
176	176	(2) may provide that if the person fails to make any
177	177	required monthly installment payment, the department may
178	178	reestablish the installment plan on receipt of a payment in the
179	179	amount equal to at least a required monthly installment payment.
180	180	SECTION 13. Subchapter C, Chapter 1001, Education Code, is
181	181	amended by adding Section 1001.1035 to read as follows:
182	182	Sec. 1001.1035. DRIVER RESPONSIBILITY PROGRAM INFORMATION.
183	183	(a) The agency by rule shall require that information relating to
184	184	the driver responsibility program established under Chapter 708,
185	185	Transportation Code, and the surcharges assessed under that program
186	186	be included in the curriculum of any driver education course or
187	187	driving safety course.
188	188	(b) In developing rules under this section, the agency shall
189	189	consult with the department.
190	190	SECTION 14. Subchapter B, Chapter 103, Government Code, is
191	191	amended by adding Sections 103.02135 and 103.02136 to read as
192	192	follows:
193	193	Sec. 103.02135. ADDITIONAL FEES AND COSTS IN CRIMINAL CASE:
194	194	TRANSPORTATION CODE. A defendant shall pay the following
195	195	administrative fee on dismissal of a charge of driving without a
196	196	required license (Sec. 521.0265, Transportation Code) . . . $50.
197	197	Sec. 103.02136. ADDITIONAL FEES AND COSTS IN CRIMINAL CASE:
198	198	TRANSPORTATION CODE. A defendant shall pay the following
199	199	administrative fee on dismissal of a charge of operation of a motor
200	200	vehicle in violation of motor vehicle liability insurance
201	201	requirement (Sec. 601.192, Transportation Code) . . . $50.
202	202	SECTION 15. Section 708.159, Transportation Code, is
203	203	repealed.
204	204	SECTION 16. The change in law made by this Act applies only
205	205	to an offense committed on or after the effective date of this Act.
206	206	An offense committed before the effective date of this Act is
207	207	governed by the law in effect on the date the offense was committed,
208	208	and the former law is continued in effect for that purpose. For
209	209	purposes of this section, an offense was committed before the
210	210	effective date of this Act if any element of the offense occurred
211	211	before that date.
212	212	SECTION 17. This Act takes effect September 1, 2015.