Texas 2015 - 84th Regular

Texas Senate Bill SB1056 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R31191 AJZ-D
2	2	By: Hinojosa S.B. No. 1056
3	3	(Turner of Harris)
4	4	Substitute the following for S.B. No. 1056: No.
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. Subchapter A, Chapter 708, Transportation Code,
60	60	is amended by adding Section 708.004 to read as follows:
61	61	Sec. 708.004. ELECTRONIC DELIVERY OF COMMUNICATIONS.
62	62	Notwithstanding a provision of this chapter requiring a notice or
63	63	other communication to be sent by mail, the department may
64	64	electronically send the communication if the department obtains
65	65	consent from the person before electronically sending the
66	66	communication.
67	67	SECTION 6. Section 708.055, Transportation Code, is amended
68	68	to read as follows:
69	69	Sec. 708.055. NOTICE OF ASSIGNMENT OF FIFTH POINT. The
70	70	department shall notify the holder of a driver's license of the
71	71	assignment of a fifth point on that license by first class mail sent
72	72	to the person's most recent address as shown on the records of the
73	73	department or records obtained by the department from another
74	74	entity or service.
75	75	SECTION 7. Sections 708.102(b), (c), and (d),
76	76	Transportation Code, are amended to read as follows:
77	77	(b) The [Each year the] department shall assess a surcharge
78	78	on the license of a [each] person for each conviction [who during
79	79	the preceding 36-month period has been finally convicted] of an
80	80	offense relating to the operating of a motor vehicle while
81	81	intoxicated.
82	82	(c) The amount of a surcharge under this section is:
83	83	(1) $3,000 for the first conviction;
84	84	(2) $4,500 [$1,000 per year, except that the amount of
85	85	the surcharge is:
86	86	[(1) $1,500 per year] for a second or subsequent
87	87	conviction within a 36-month period; or
88	88	(3) $6,000 [and
89	89	[(2) $2,000] for a first or subsequent conviction if
90	90	it is shown on the trial of the offense that an analysis of a
91	91	specimen of the person's blood, breath, or urine showed an alcohol
92	92	concentration level of 0.16 or more at the time the analysis was
93	93	performed.
94	94	(d) A surcharge under this section [for the same conviction]
95	95	may not be assessed more than once for the same conviction [in more
96	96	than three years].
97	97	SECTION 8. Section 708.103, Transportation Code, is amended
98	98	to read as follows:
99	99	Sec. 708.103. SURCHARGE FOR CONVICTION OF DRIVING WHILE
100	100	LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. (a) The
101	101	[Each year the] department shall assess a surcharge on the license
102	102	of each person who is [during the preceding 36-month period has
103	103	been] convicted of an offense under:
104	104	(1) Section [521.457,] 601.191[,] or 601.371; or
105	105	(2) Section 521.457, if the defendant has been
106	106	previously convicted one or more times of an offense under that
107	107	section.
108	108	(b) The amount of a surcharge under this section is $750
109	109	[$250 per year].
110	110	SECTION 9. Section 708.104, Transportation Code, is amended
111	111	to read as follows:
112	112	Sec. 708.104. SURCHARGE FOR CONVICTION OF DRIVING WITHOUT
113	113	REQUIRED [VALID] LICENSE. (a) The [Each year the] department shall
114	114	assess a surcharge on the license of a person who is [during the
115	115	preceding 36-month period has been] convicted of an offense under
116	116	Section 521.021.
117	117	(b) The amount of a surcharge under this section is $300
118	118	[$100 per year].
119	119	(c) A surcharge under this section [for the same conviction]
120	120	may not be assessed more than once for the same conviction [in more
121	121	than three years].
122	122	SECTION 10. Section 708.105, Transportation Code, is
123	123	amended by adding Subsection (c) to read as follows:
124	124	(c) The court shall notify a defendant charged with an
125	125	offense under a traffic law of this state or a political subdivision
126	126	of this state, in writing, at the time of the defendant's first
127	127	court appearance or as soon as possible on or after the date the
128	128	defendant pays a fine associated with the offense, whichever is
129	129	earlier, that a conviction may result in the assessment of a
130	130	surcharge under the driver responsibility program. The written
131	131	notification must include the statement described by Subsection
132	132	(a).
133	133	SECTION 11. Section 708.106, Transportation Code, is
134	134	amended to read as follows:
135	135	Sec. 708.106. DEFERRAL OF SURCHARGES FOR DEPLOYED MILITARY
136	136	PERSONNEL. The department by rule shall establish a deferral
137	137	program for surcharges assessed under Section 708.103 or 708.104
138	138	against a person who is a member of the United States armed forces
139	139	on active duty deployed outside of the continental United States.
140	140	The program must:
141	141	(1) toll the surcharge payment [36-month] period while
142	142	the person is deployed; and
143	143	(2) defer assessment of surcharges against the person
144	144	until the date the person is no longer deployed for an offense
145	145	committed:
146	146	(A) before the person was deployed; or
147	147	(B) while the person is deployed.
148	148	SECTION 12. Section 708.151(a), Transportation Code, is
149	149	amended to read as follows:
150	150	(a) The department shall send notices as required by
151	151	Subsection (b) to the holder of a driver's license when a surcharge
152	152	is assessed on that license. Each notice must:
153	153	(1) be sent by first class mail to:
154	154	(A) the person's most recent address as shown on
155	155	the records of the department or records obtained by the department
156	156	from another entity or service; or
157	157	(B) [to] the person's most recent forwarding
158	158	address on record with the United States Postal Service if it is
159	159	different;
160	160	(2) specify the date by which the surcharge must be
161	161	paid;
162	162	(3) state the total dollar amount of the surcharge
163	163	that must be paid, the number of monthly payments required under an
164	164	installment payment plan, and the minimum monthly payment required
165	165	for a person to enter and maintain an installment payment plan with
166	166	the department; and
167	167	(4) state the consequences of a failure to pay the
168	168	surcharge.
169	169	SECTION 13. Section 708.153, Transportation Code, is
170	170	amended to read as follows:
171	171	Sec. 708.153. INSTALLMENT PAYMENT OF SURCHARGE. (a) The
172	172	department by rule shall provide for the payment of any [a]
173	173	surcharge assessed under this chapter in installments, including a
174	174	surcharge pending on September 1, 2015.
175	175	(b) A rule under this section:
176	176	(1) may not require a person to:
177	177	(A) pay surcharges that total $1,000 [$500] or
178	178	more over a period of less than 60 [36] consecutive months;
179	179	(B) pay surcharges that total more than $750
180	180	[$250] but not more than $999 [$499] over a period of less than 48
181	181	[24] consecutive months; or
182	182	(C) pay surcharges that total $749 [$249] or less
183	183	over a period of less than 36 [12] consecutive months; and
184	184	(2) may provide that if the person fails to make any
185	185	required monthly installment payment, the department may
186	186	reestablish the installment plan on receipt of a payment in the
187	187	amount equal to at least a required monthly installment payment.
188	188	SECTION 14. Section 708.158(a), Transportation Code, is
189	189	amended to read as follows:
190	190	(a) The department shall waive all surcharges assessed
191	191	under this chapter for a person who is indigent. For the purposes
192	192	of this section, a person is considered to be indigent if the
193	193	person:
194	194	(1) was determined to be indigent for the purpose of
195	195	appointing counsel under Article 26.04, Code of Criminal Procedure,
196	196	for the offense that is the basis for the surcharge, and the court
197	197	did not make a subsequent finding that the person had the ability to
198	198	pay, wholly or partly, the cost of the appointed counsel; or
199	199	(2) provides the evidence described by Subsection (b)
200	200	to the court.
201	201	SECTION 15. Subchapter C, Chapter 1001, Education Code, is
202	202	amended by adding Section 1001.1035 to read as follows:
203	203	Sec. 1001.1035. DRIVER RESPONSIBILITY PROGRAM INFORMATION.
204	204	(a) The agency by rule shall require that information relating to
205	205	the driver responsibility program established under Chapter 708,
206	206	Transportation Code, and the surcharges assessed under that program
207	207	be included in the curriculum of any driver education course or
208	208	driving safety course.
209	209	(b) In developing rules under this section, the agency shall
210	210	consult with the department.
211	211	SECTION 16. Subchapter B, Chapter 103, Government Code, is
212	212	amended by adding Sections 103.02135 and 103.02136 to read as
213	213	follows:
214	214	Sec. 103.02135. ADDITIONAL FEES AND COSTS IN CRIMINAL CASE:
215	215	TRANSPORTATION CODE. A defendant shall pay the following
216	216	administrative fee on dismissal of a charge of driving without a
217	217	required license (Sec. 521.0265, Transportation Code) . . . $50.
218	218	Sec. 103.02136. ADDITIONAL FEES AND COSTS IN CRIMINAL CASE:
219	219	TRANSPORTATION CODE. A defendant shall pay the following
220	220	administrative fee on dismissal of a charge of operation of a motor
221	221	vehicle in violation of motor vehicle liability insurance
222	222	requirement (Sec. 601.192, Transportation Code) . . . $50.
223	223	SECTION 17. Section 708.159, Transportation Code, is
224	224	repealed.
225	225	SECTION 18. The change in law made by this Act applies only
226	226	to an offense committed on or after the effective date of this Act.
227	227	An offense committed before the effective date of this Act is
228	228	governed by the law in effect on the date the offense was committed,
229	229	and the former law is continued in effect for that purpose. For
230	230	purposes of this section, an offense was committed before the
231	231	effective date of this Act if any element of the offense occurred
232	232	before that date.
233	233	SECTION 19. The change in law made by this Act to Section
234	234	708.158, Transportation Code, applies only to a surcharge assessed
235	235	on or after the effective date of this Act, including a surcharge
236	236	assessed for a conviction for an offense that occurred before the
237	237	effective date of this Act. The state is not required to refund a
238	238	surcharge collected before the effective date of this Act.
239	239	SECTION 20. This Act takes effect September 1, 2015.