84R7571 AJZ-D
By: Watson S.B. No. 1922
A BILL TO BE ENTITLED
AN ACT
relating to the funding of the designated trauma facility and
emergency medical services account through the imposition of court
costs on persons convicted of certain driving-related offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.022(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In this article, "moving violation" means an offense
that:
(1) involves the operation of a motor vehicle; and
(2) is classified as a moving violation by the
Department of Public Safety under Section 542.304 [708.052],
Transportation Code.
SECTION 2. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.023 to read as follows:
Art. 102.023. COURT COSTS: DESIGNATED TRAUMA FACILITY AND
EMERGENCY MEDICAL SERVICES ACCOUNT. (a) In this article, "offense
relating to the operating of a motor vehicle while intoxicated" has
the meaning assigned by Section 49.09, Penal Code.
(b) In addition to all other costs on conviction imposed by
this chapter, a person shall pay:
(1) $1,500 as a court cost on conviction of an offense
relating to the operating of a motor vehicle while intoxicated,
except that the amount of the court cost on conviction is:
(A) $2,250 for a second or subsequent conviction
within a 36-month period; and
(B) $3,000 for a first or subsequent conviction
if it is shown on the trial of the offense that an analysis of a
specimen of the person's blood, breath, or urine showed an alcohol
concentration level of 0.16 or more at the time the analysis was
performed;
(2) $375 as a court cost on conviction of an offense
under Section 521.457, 601.191, or 601.371, Transportation Code; or
(3) $150 as a court cost on conviction of an offense
under Section 521.021, Transportation Code.
(c) For purposes of this article, a person is considered
convicted if:
(1) a sentence is imposed on the person;
(2) the person is placed on community supervision,
including deferred adjudication community supervision; or
(3) the court defers final disposition of the person's
case.
(d) Court costs under this article are collected in the same
manner as other fines or costs. An officer collecting the costs
shall keep separate records of the money collected as costs under
this article and shall deposit the money in the county or municipal
treasury, as appropriate.
(e) The custodian of a county or municipal treasury may
deposit money collected under this section in an interest-bearing
account. The custodian shall:
(1) keep records of the amount of money on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the money collected
under this article during the preceding quarter.
(f) A county or municipality may retain five percent of the
money collected under this section as a service fee for the
collection if the county or municipality remits the funds to the
comptroller within the period prescribed by Subsection (e). The
county or municipality may retain any interest accrued on the money
if the custodian of the treasury keeps records of the amount of
money on deposit collected under this article and remits the funds
to the comptroller within the period prescribed by Subsection (e).
(g) If no money due as a cost under this article is deposited
in a county or municipal treasury in a calendar quarter, the
custodian of the treasury shall file the report required for the
quarter in the regular manner and must state that no money was
collected.
(h) The comptroller shall deposit the money received under
this article to the credit of the designated trauma facility and
emergency medical services account under Section 780.003, Health
and Safety Code.
SECTION 3. Section 1001.257, Education Code, is amended to
read as follows:
Sec. 1001.257. DENIAL OF LICENSE. The commissioner may not
issue or renew a driver education instructor license, including a
temporary license, to a person who has been convicted of:
(1) three or more moving violations described by
Section 542.304, Transportation Code, including violations that
resulted in an accident; or
(2) two or more moving violations described by Section
542.304, Transportation Code, that resulted in an accident [six or
more points assigned to the person's driver's license under
Subchapter B, Chapter 708, Transportation Code].
SECTION 4. Subchapter B, Chapter 102, Government Code, is
amended by adding Section 102.02135 to read as follows:
Sec. 102.02135. ADDITIONAL COURT COSTS: TRANSPORTATION
CODE. A person shall pay the following under Article 102.023, Code
of Criminal Procedure, in addition to all other costs, to be used to
fund the designated trauma facility and emergency medical services
account:
(1) court cost on conviction of an offense relating to
the operating of a motor vehicle while intoxicated, as defined by
Section 49.09, Penal Code (Art. 102.023(b)(1)) . . . $1,500;
(2) court cost on conviction of an offense relating to
the operating of a motor vehicle while intoxicated, as defined by
Section 49.09, Penal Code, for a second or subsequent conviction
(Art. 102.023(b)(1)(A)) . . . $2,250;
(3) court cost on conviction of an offense relating to
the operating of a motor vehicle while intoxicated, as defined by
Section 49.09, Penal Code, for a first or subsequent conviction if
an alcohol concentration level of 0.16 or more is shown on the trial
of the offense (Art. 102.023(b)(1)(B)) . . . $3,000;
(4) court cost on conviction of an offense under
Section 521.457, 601.191, or 601.371, Transportation Code (Art.
102.023(b)(2)). . . $375; and
(5) court cost on conviction of an offense under
Section 521.021, Transportation Code (Art. 102.023(b)(3)). . .
$150.
SECTION 5. Section 411.110(f), Government Code, is amended
to read as follows:
(f) The Department of State Health Services may not consider
offenses described by [for which points are assessed under] Section
542.304 [708.052], Transportation Code, to determine whether to
hire or retain an employee or to contract with a person on whom
criminal history record information is obtained under this section.
SECTION 6. Section 773.0614(b), Health and Safety Code, is
amended to read as follows:
(b) For purposes of Subsection (a), the department may not
consider offenses described by [for which points are assessed
under] Section 542.304 [708.052], Transportation Code.
SECTION 7. Section 773.06141(a), Health and Safety Code,
is amended to read as follows:
(a) The commissioner may suspend, revoke, or deny an
emergency medical services provider license on the grounds that the
provider's administrator of record, employee, or other
representative:
(1) has been convicted of, or placed on deferred
adjudication community supervision or deferred disposition for, an
offense that directly relates to the duties and responsibilities of
the administrator, employee, or representative, other than an
offense described by [for which points are assigned under] Section
542.304 [708.052], Transportation Code;
(2) has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for an
offense, including:
(A) an offense listed in Sections 3g(a)(1)(A)
through (H), Article 42.12, Code of Criminal Procedure; or
(B) an offense, other than an offense described
by Subdivision (1), for which the person is subject to registration
under Chapter 62, Code of Criminal Procedure; or
(3) has been convicted of Medicare or Medicaid fraud,
has been excluded from participation in the state Medicaid program,
or has a hold on payment for reimbursement under the state Medicaid
program under Subchapter C, Chapter 531, Government Code.
SECTION 8. Section 780.002, Health and Safety Code, is
amended to read as follows:
Sec. 780.002. DEPOSITS TO ACCOUNT. The comptroller shall
deposit any gifts, grants, donations, and legislative
appropriations made for the purposes of the designated trauma
facility and emergency medical services account established under
Section 780.003 to the credit of the account. [(a) On the first
Monday of each month, the Department of Public Safety shall remit
the surcharges collected during the previous month under the driver
responsibility program operated by that department under Chapter
708, Transportation Code, to the comptroller.
[(b) The comptroller shall deposit 49.5 percent of the money
received under Subsection (a) to the credit of the account
established under this chapter and 49.5 percent of the money to the
general revenue fund. The remaining one percent of the amount of
the surcharges shall be deposited to the general revenue fund and
may be appropriated only to the Department of Public Safety for
administration of the driver responsibility program operated by
that department under Chapter 708, Transportation Code.
[(c) Notwithstanding Subsection (b), in any state fiscal
year the comptroller shall deposit 49.5 percent of the surcharges
collected under Chapter 708, Transportation Code, to the credit of
the general revenue fund only until the total amount of the
surcharges deposited to the credit of the general revenue fund
under Subsection (b), and the state traffic fines deposited to the
credit of that fund under Section 542.4031(g)(1), Transportation
Code, equals $250 million for that year. If in any state fiscal
year the amount received by the comptroller under those laws for
deposit to the credit of the general revenue fund exceeds $250
million, the comptroller shall deposit the additional amount to the
credit of the Texas mobility fund.]
SECTION 9. Section 502.357(b), Transportation Code, is
amended to read as follows:
(b) Fees collected under this section shall be deposited to
the credit of the state highway fund. Subject to appropriations,
the money shall be used by the Department of Public Safety to:
(1) support the Department of Public Safety's
reengineering of the driver's license system to provide for the
issuance by the Department of Public Safety of a driver's license or
personal identification certificate, to include use of image
comparison technology; and
(2) [establish and maintain a system to support the
driver responsibility program under Chapter 708; and
[(3)] make lease payments to the master lease purchase
program for the financing of the driver's license reengineering
project.
SECTION 10. Section 521.205(a), Transportation Code, is
amended to read as follows:
(a) The department by rule shall provide for approval of a
driver education course conducted by the parent, stepparent, foster
parent, legal guardian, step-grandparent, or grandparent of a
person who is required to complete a driver education course to
obtain a Class C license. The rules must provide that:
(1) the person conducting the course possess a valid
license for the preceding three years that has not been suspended,
revoked, or forfeited in the past three years for an offense that
involves the operation of a motor vehicle;
(2) the student driver spend a minimum number of hours
in:
(A) classroom instruction; and
(B) behind-the-wheel instruction;
(3) the person conducting the course not be convicted
of:
(A) criminally negligent homicide; or
(B) driving while intoxicated;
(4) the person conducting the course not be disabled
because of mental illness; and
(5) at the time a person begins conducting the course,
the person not have been convicted of:
(A) three or more moving violations described by
Section 542.304, Transportation Code, including violations that
resulted in an accident; or
(B) two or more moving violations described by
Section 542.304, Transportation Code, that resulted in an accident
[conducting the course not have six or more points assigned to the
person's driver's license under Subchapter B, Chapter 708, at the
time the person begins conducting the course].
SECTION 11. Subchapter C, Chapter 542, Transportation Code,
is amended by adding Section 542.304 to read as follows:
Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
The department by rule shall designate the offenses involving the
operation of a motor vehicle that constitute a moving violation of
the traffic law for the purposes of:
(1) Article 102.022(a), Code of Criminal Procedure;
(2) Section 1001.257, Education Code;
(3) Section 411.110(f), Government Code;
(4) Sections 773.0614(b) and 773.06141(a), Health and
Safety Code; and
(5) Section 521.205(a), Transportation Code.
(b) The rules must provide that for the purposes of the
provisions described in Subsection (a), moving violations:
(1) include:
(A) a violation of a traffic law of this state,
another state, or a political subdivision of this or another state;
and
(B) an offense under Section 545.412; and
(2) do not include:
(A) an offense committed before September 1,
2003;
(B) the offense of speeding when the person
convicted was at the time of the offense driving less than 10
percent faster than the posted speed limit, unless the person
committed the offense in a school crossing zone; or
(C) an offense adjudicated under Article 45.051
or 45.0511, Code of Criminal Procedure.
SECTION 12. Section 542.4031(h), Transportation Code, is
amended to read as follows:
(h) Notwithstanding Subsection (g)(1), in any state fiscal
year the comptroller shall deposit 67 percent of the money received
under Subsection (e)(2) to the credit of the general revenue fund
only until the total amount of the money deposited to the credit of
the general revenue fund under Subsection (g)(1) [and Section
780.002(b), Health and Safety Code,] equals $250 million for that
year. If in any state fiscal year the amount received by the
comptroller under Subsection (g)(1) [those laws] for deposit to the
credit of the general revenue fund exceeds $250 million, the
comptroller shall deposit the additional amount to the credit of
the Texas mobility fund.
SECTION 13. Section 601.233(a), Transportation Code, is
amended to read as follows:
(a) A citation for an offense under Section 601.191 issued
as a result of Section 601.053 must include, in type larger than
other type on the citation, [except for the type of the statement
required by Section 708.105,] the following statement:
"A second or subsequent conviction of an offense under the Texas
Motor Vehicle Safety Responsibility Act will result in the
suspension of your driver's license and motor vehicle registration
unless you file and maintain evidence of financial responsibility
with the Department of Public Safety for two years from the date of
conviction. The department may waive the requirement to file
evidence of financial responsibility if you file satisfactory
evidence with the department showing that at the time this citation
was issued, the vehicle was covered by a motor vehicle liability
insurance policy or that you were otherwise exempt from the
requirements to provide evidence of financial responsibility."
SECTION 14. Chapter 708, Transportation Code, is repealed.
SECTION 15. (a) Notwithstanding the repeal by this Act of
Chapter 708, Transportation Code, a surcharge imposed under former
Chapter 708 of that code before the effective date of this Act is
governed by the applicable law in effect before the effective date
of this Act, and the former law is continued in effect for that
purpose.
(b) Article 102.023, Code of Criminal Procedure, as added by
this Act, applies only to a cost on conviction for an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 16. This Act takes effect September 1, 2015.