Texas 2015 - 84th Regular

Texas Senate Bill SB1922 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7571 AJZ-D
2	2	By: Watson S.B. No. 1922
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the funding of the designated trauma facility and
8	8	emergency medical services account through the imposition of court
9	9	costs on persons convicted of certain driving-related offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 102.022(a), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(a) In this article, "moving violation" means an offense
14	14	that:
15	15	(1) involves the operation of a motor vehicle; and
16	16	(2) is classified as a moving violation by the
17	17	Department of Public Safety under Section 542.304 [708.052],
18	18	Transportation Code.
19	19	SECTION 2. Subchapter A, Chapter 102, Code of Criminal
20	20	Procedure, is amended by adding Article 102.023 to read as follows:
21	21	Art. 102.023. COURT COSTS: DESIGNATED TRAUMA FACILITY AND
22	22	EMERGENCY MEDICAL SERVICES ACCOUNT. (a) In this article, "offense
23	23	relating to the operating of a motor vehicle while intoxicated" has
24	24	the meaning assigned by Section 49.09, Penal Code.
25	25	(b) In addition to all other costs on conviction imposed by
26	26	this chapter, a person shall pay:
27	27	(1) $1,500 as a court cost on conviction of an offense
28	28	relating to the operating of a motor vehicle while intoxicated,
29	29	except that the amount of the court cost on conviction is:
30	30	(A) $2,250 for a second or subsequent conviction
31	31	within a 36-month period; and
32	32	(B) $3,000 for a first or subsequent conviction
33	33	if it is shown on the trial of the offense that an analysis of a
34	34	specimen of the person's blood, breath, or urine showed an alcohol
35	35	concentration level of 0.16 or more at the time the analysis was
36	36	performed;
37	37	(2) $375 as a court cost on conviction of an offense
38	38	under Section 521.457, 601.191, or 601.371, Transportation Code; or
39	39	(3) $150 as a court cost on conviction of an offense
40	40	under Section 521.021, Transportation Code.
41	41	(c) For purposes of this article, a person is considered
42	42	convicted if:
43	43	(1) a sentence is imposed on the person;
44	44	(2) the person is placed on community supervision,
45	45	including deferred adjudication community supervision; or
46	46	(3) the court defers final disposition of the person's
47	47	case.
48	48	(d) Court costs under this article are collected in the same
49	49	manner as other fines or costs. An officer collecting the costs
50	50	shall keep separate records of the money collected as costs under
51	51	this article and shall deposit the money in the county or municipal
52	52	treasury, as appropriate.
53	53	(e) The custodian of a county or municipal treasury may
54	54	deposit money collected under this section in an interest-bearing
55	55	account. The custodian shall:
56	56	(1) keep records of the amount of money on deposit
57	57	collected under this article; and
58	58	(2) send to the comptroller before the last day of the
59	59	first month following each calendar quarter the money collected
60	60	under this article during the preceding quarter.
61	61	(f) A county or municipality may retain five percent of the
62	62	money collected under this section as a service fee for the
63	63	collection if the county or municipality remits the funds to the
64	64	comptroller within the period prescribed by Subsection (e). The
65	65	county or municipality may retain any interest accrued on the money
66	66	if the custodian of the treasury keeps records of the amount of
67	67	money on deposit collected under this article and remits the funds
68	68	to the comptroller within the period prescribed by Subsection (e).
69	69	(g) If no money due as a cost under this article is deposited
70	70	in a county or municipal treasury in a calendar quarter, the
71	71	custodian of the treasury shall file the report required for the
72	72	quarter in the regular manner and must state that no money was
73	73	collected.
74	74	(h) The comptroller shall deposit the money received under
75	75	this article to the credit of the designated trauma facility and
76	76	emergency medical services account under Section 780.003, Health
77	77	and Safety Code.
78	78	SECTION 3. Section 1001.257, Education Code, is amended to
79	79	read as follows:
80	80	Sec. 1001.257. DENIAL OF LICENSE. The commissioner may not
81	81	issue or renew a driver education instructor license, including a
82	82	temporary license, to a person who has been convicted of:
83	83	(1) three or more moving violations described by
84	84	Section 542.304, Transportation Code, including violations that
85	85	resulted in an accident; or
86	86	(2) two or more moving violations described by Section
87	87	542.304, Transportation Code, that resulted in an accident [six or
88	88	more points assigned to the person's driver's license under
89	89	Subchapter B, Chapter 708, Transportation Code].
90	90	SECTION 4. Subchapter B, Chapter 102, Government Code, is
91	91	amended by adding Section 102.02135 to read as follows:
92	92	Sec. 102.02135. ADDITIONAL COURT COSTS: TRANSPORTATION
93	93	CODE. A person shall pay the following under Article 102.023, Code
94	94	of Criminal Procedure, in addition to all other costs, to be used to
95	95	fund the designated trauma facility and emergency medical services
96	96	account:
97	97	(1) court cost on conviction of an offense relating to
98	98	the operating of a motor vehicle while intoxicated, as defined by
99	99	Section 49.09, Penal Code (Art. 102.023(b)(1)) . . . $1,500;
100	100	(2) court cost on conviction of an offense relating to
101	101	the operating of a motor vehicle while intoxicated, as defined by
102	102	Section 49.09, Penal Code, for a second or subsequent conviction
103	103	(Art. 102.023(b)(1)(A)) . . . $2,250;
104	104	(3) court cost on conviction of an offense relating to
105	105	the operating of a motor vehicle while intoxicated, as defined by
106	106	Section 49.09, Penal Code, for a first or subsequent conviction if
107	107	an alcohol concentration level of 0.16 or more is shown on the trial
108	108	of the offense (Art. 102.023(b)(1)(B)) . . . $3,000;
109	109	(4) court cost on conviction of an offense under
110	110	Section 521.457, 601.191, or 601.371, Transportation Code (Art.
111	111	102.023(b)(2)). . . $375; and
112	112	(5) court cost on conviction of an offense under
113	113	Section 521.021, Transportation Code (Art. 102.023(b)(3)). . .
114	114	$150.
115	115	SECTION 5. Section 411.110(f), Government Code, is amended
116	116	to read as follows:
117	117	(f) The Department of State Health Services may not consider
118	118	offenses described by [for which points are assessed under] Section
119	119	542.304 [708.052], Transportation Code, to determine whether to
120	120	hire or retain an employee or to contract with a person on whom
121	121	criminal history record information is obtained under this section.
122	122	SECTION 6. Section 773.0614(b), Health and Safety Code, is
123	123	amended to read as follows:
124	124	(b) For purposes of Subsection (a), the department may not
125	125	consider offenses described by [for which points are assessed
126	126	under] Section 542.304 [708.052], Transportation Code.
127	127	SECTION 7. Section 773.06141(a), Health and Safety Code,
128	128	is amended to read as follows:
129	129	(a) The commissioner may suspend, revoke, or deny an
130	130	emergency medical services provider license on the grounds that the
131	131	provider's administrator of record, employee, or other
132	132	representative:
133	133	(1) has been convicted of, or placed on deferred
134	134	adjudication community supervision or deferred disposition for, an
135	135	offense that directly relates to the duties and responsibilities of
136	136	the administrator, employee, or representative, other than an
137	137	offense described by [for which points are assigned under] Section
138	138	542.304 [708.052], Transportation Code;
139	139	(2) has been convicted of or placed on deferred
140	140	adjudication community supervision or deferred disposition for an
141	141	offense, including:
142	142	(A) an offense listed in Sections 3g(a)(1)(A)
143	143	through (H), Article 42.12, Code of Criminal Procedure; or
144	144	(B) an offense, other than an offense described
145	145	by Subdivision (1), for which the person is subject to registration
146	146	under Chapter 62, Code of Criminal Procedure; or
147	147	(3) has been convicted of Medicare or Medicaid fraud,
148	148	has been excluded from participation in the state Medicaid program,
149	149	or has a hold on payment for reimbursement under the state Medicaid
150	150	program under Subchapter C, Chapter 531, Government Code.
151	151	SECTION 8. Section 780.002, Health and Safety Code, is
152	152	amended to read as follows:
153	153	Sec. 780.002. DEPOSITS TO ACCOUNT. The comptroller shall
154	154	deposit any gifts, grants, donations, and legislative
155	155	appropriations made for the purposes of the designated trauma
156	156	facility and emergency medical services account established under
157	157	Section 780.003 to the credit of the account. [(a) On the first
158	158	Monday of each month, the Department of Public Safety shall remit
159	159	the surcharges collected during the previous month under the driver
160	160	responsibility program operated by that department under Chapter
161	161	708, Transportation Code, to the comptroller.
162	162	[(b) The comptroller shall deposit 49.5 percent of the money
163	163	received under Subsection (a) to the credit of the account
164	164	established under this chapter and 49.5 percent of the money to the
165	165	general revenue fund. The remaining one percent of the amount of
166	166	the surcharges shall be deposited to the general revenue fund and
167	167	may be appropriated only to the Department of Public Safety for
168	168	administration of the driver responsibility program operated by
169	169	that department under Chapter 708, Transportation Code.
170	170	[(c) Notwithstanding Subsection (b), in any state fiscal
171	171	year the comptroller shall deposit 49.5 percent of the surcharges
172	172	collected under Chapter 708, Transportation Code, to the credit of
173	173	the general revenue fund only until the total amount of the
174	174	surcharges deposited to the credit of the general revenue fund
175	175	under Subsection (b), and the state traffic fines deposited to the
176	176	credit of that fund under Section 542.4031(g)(1), Transportation
177	177	Code, equals $250 million for that year. If in any state fiscal
178	178	year the amount received by the comptroller under those laws for
179	179	deposit to the credit of the general revenue fund exceeds $250
180	180	million, the comptroller shall deposit the additional amount to the
181	181	credit of the Texas mobility fund.]
182	182	SECTION 9. Section 502.357(b), Transportation Code, is
183	183	amended to read as follows:
184	184	(b) Fees collected under this section shall be deposited to
185	185	the credit of the state highway fund. Subject to appropriations,
186	186	the money shall be used by the Department of Public Safety to:
187	187	(1) support the Department of Public Safety's
188	188	reengineering of the driver's license system to provide for the
189	189	issuance by the Department of Public Safety of a driver's license or
190	190	personal identification certificate, to include use of image
191	191	comparison technology; and
192	192	(2) [establish and maintain a system to support the
193	193	driver responsibility program under Chapter 708; and
194	194	[(3)] make lease payments to the master lease purchase
195	195	program for the financing of the driver's license reengineering
196	196	project.
197	197	SECTION 10. Section 521.205(a), Transportation Code, is
198	198	amended to read as follows:
199	199	(a) The department by rule shall provide for approval of a
200	200	driver education course conducted by the parent, stepparent, foster
201	201	parent, legal guardian, step-grandparent, or grandparent of a
202	202	person who is required to complete a driver education course to
203	203	obtain a Class C license. The rules must provide that:
204	204	(1) the person conducting the course possess a valid
205	205	license for the preceding three years that has not been suspended,
206	206	revoked, or forfeited in the past three years for an offense that
207	207	involves the operation of a motor vehicle;
208	208	(2) the student driver spend a minimum number of hours
209	209	in:
210	210	(A) classroom instruction; and
211	211	(B) behind-the-wheel instruction;
212	212	(3) the person conducting the course not be convicted
213	213	of:
214	214	(A) criminally negligent homicide; or
215	215	(B) driving while intoxicated;
216	216	(4) the person conducting the course not be disabled
217	217	because of mental illness; and
218	218	(5) at the time a person begins conducting the course,
219	219	the person not have been convicted of:
220	220	(A) three or more moving violations described by
221	221	Section 542.304, Transportation Code, including violations that
222	222	resulted in an accident; or
223	223	(B) two or more moving violations described by
224	224	Section 542.304, Transportation Code, that resulted in an accident
225	225	[conducting the course not have six or more points assigned to the
226	226	person's driver's license under Subchapter B, Chapter 708, at the
227	227	time the person begins conducting the course].
228	228	SECTION 11. Subchapter C, Chapter 542, Transportation Code,
229	229	is amended by adding Section 542.304 to read as follows:
230	230	Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
231	231	The department by rule shall designate the offenses involving the
232	232	operation of a motor vehicle that constitute a moving violation of
233	233	the traffic law for the purposes of:
234	234	(1) Article 102.022(a), Code of Criminal Procedure;
235	235	(2) Section 1001.257, Education Code;
236	236	(3) Section 411.110(f), Government Code;
237	237	(4) Sections 773.0614(b) and 773.06141(a), Health and
238	238	Safety Code; and
239	239	(5) Section 521.205(a), Transportation Code.
240	240	(b) The rules must provide that for the purposes of the
241	241	provisions described in Subsection (a), moving violations:
242	242	(1) include:
243	243	(A) a violation of a traffic law of this state,
244	244	another state, or a political subdivision of this or another state;
245	245	and
246	246	(B) an offense under Section 545.412; and
247	247	(2) do not include:
248	248	(A) an offense committed before September 1,
249	249	2003;
250	250	(B) the offense of speeding when the person
251	251	convicted was at the time of the offense driving less than 10
252	252	percent faster than the posted speed limit, unless the person
253	253	committed the offense in a school crossing zone; or
254	254	(C) an offense adjudicated under Article 45.051
255	255	or 45.0511, Code of Criminal Procedure.
256	256	SECTION 12. Section 542.4031(h), Transportation Code, is
257	257	amended to read as follows:
258	258	(h) Notwithstanding Subsection (g)(1), in any state fiscal
259	259	year the comptroller shall deposit 67 percent of the money received
260	260	under Subsection (e)(2) to the credit of the general revenue fund
261	261	only until the total amount of the money deposited to the credit of
262	262	the general revenue fund under Subsection (g)(1) [and Section
263	263	780.002(b), Health and Safety Code,] equals $250 million for that
264	264	year. If in any state fiscal year the amount received by the
265	265	comptroller under Subsection (g)(1) [those laws] for deposit to the
266	266	credit of the general revenue fund exceeds $250 million, the
267	267	comptroller shall deposit the additional amount to the credit of
268	268	the Texas mobility fund.
269	269	SECTION 13. Section 601.233(a), Transportation Code, is
270	270	amended to read as follows:
271	271	(a) A citation for an offense under Section 601.191 issued
272	272	as a result of Section 601.053 must include, in type larger than
273	273	other type on the citation, [except for the type of the statement
274	274	required by Section 708.105,] the following statement:
275	275	"A second or subsequent conviction of an offense under the Texas
276	276	Motor Vehicle Safety Responsibility Act will result in the
277	277	suspension of your driver's license and motor vehicle registration
278	278	unless you file and maintain evidence of financial responsibility
279	279	with the Department of Public Safety for two years from the date of
280	280	conviction. The department may waive the requirement to file
281	281	evidence of financial responsibility if you file satisfactory
282	282	evidence with the department showing that at the time this citation
283	283	was issued, the vehicle was covered by a motor vehicle liability
284	284	insurance policy or that you were otherwise exempt from the
285	285	requirements to provide evidence of financial responsibility."
286	286	SECTION 14. Chapter 708, Transportation Code, is repealed.
287	287	SECTION 15. (a) Notwithstanding the repeal by this Act of
288	288	Chapter 708, Transportation Code, a surcharge imposed under former
289	289	Chapter 708 of that code before the effective date of this Act is
290	290	governed by the applicable law in effect before the effective date
291	291	of this Act, and the former law is continued in effect for that
292	292	purpose.
293	293	(b) Article 102.023, Code of Criminal Procedure, as added by
294	294	this Act, applies only to a cost on conviction for an offense
295	295	committed on or after the effective date of this Act. An offense
296	296	committed before the effective date of this Act is governed by the
297	297	law in effect when the offense was committed, and the former law is
298	298	continued in effect for that purpose. For purposes of this section,
299	299	an offense was committed before the effective date of this Act if
300	300	any element of the offense occurred before that date.
301	301	SECTION 16. This Act takes effect September 1, 2015.