Texas 2015 - 84th Regular

Texas Senate Bill SB1923 Compare Versions

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

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1	1	By: Watson S.B. No. 1923
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the funding of the designated trauma facility and
7	7	emergency medical services account through the imposition of court
8	8	costs on persons convicted of certain driving-related offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 102.022(a), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(a) In this article, "moving violation" means an offense
13	13	that:
14	14	(1) involves the operation of a motor vehicle; and
15	15	(2) is classified as a moving violation by the
16	16	Department of Public Safety under Section 542.304 [708.052],
17	17	Transportation Code.
18	18	SECTION 2. Subchapter A, Chapter 102, Code of Criminal
19	19	Procedure, is amended by adding Article 102.023 to read as follows:
20	20	Art. 102.023. COURT COSTS: DESIGNATED TRAUMA FACILITY AND
21	21	EMERGENCY MEDICAL SERVICES ACCOUNT. (a) In this article, "offense
22	22	relating to the operating of a motor vehicle while intoxicated" has
23	23	the meaning assigned by Section 49.09, Penal Code.
24	24	(b) In addition to all other costs on conviction imposed by
25	25	this chapter, a person shall pay
26	26	(1) $2,000 as a court cost on conviction of an offense
27	27	relating to the operating of a motor vehicle while intoxicated;
28	28	(2) $500 as a court cost on conviction of an offense
29	29	under Section 545.420, 545.421, 550.021, or 550.023(3),
30	30	Transportation Code;
31	31	(3) $500 as a court cost on conviction of an offense
32	32	under Section 19.04, 19.05, or 22.02, Penal Code, if the person who
33	33	committed the offense was operating a motor vehicle at the time of
34	34	the offense;
35	35	(4) $100 as a court cost on conviction of an offense
36	36	under Section 552.003, 552.006(c), 552.008, 545.060(a), 545.066,
37	37	545.151, 545.156, 545.401, 545.414, 545.417, 545.424(a),
38	38	545.425(b), 545.4252(b), or 547.004, Transportation Code;
39	39	(5) $100 as a court cost on conviction of an offense
40	40	under Section 545.351, Transportation Code, if the person who
41	41	committed the offense was driving at a speed greater than 10% of the
42	42	posted speed limit, in a school crossing zone, or when a special
43	43	hazard exists with regard to traffic, including pedestrians, or
44	44	weather or highway conditions; or
45	45	(6) $50 as a court cost on conviction of an offense
46	46	under Section 521.021, 521.221(c), 521.253(a)(1), 521.457,
47	47	601.191, or 601.371, Transportation Code.
48	48	(c) For purposes of this article, a person is considered
49	49	convicted if:
50	50	(1) a sentence is imposed on the person;
51	51	(2) the person is placed on community supervision,
52	52	including deferred adjudication community supervision; or
53	53	(3) the court defers final disposition of the person's
54	54	case.
55	55	(d) Court costs under this article are collected in the same
56	56	manner as other fines or costs. An officer collecting the costs
57	57	shall keep separate records of the money collected as costs under
58	58	this article and shall deposit the money in the county or municipal
59	59	treasury, as appropriate.
60	60	(e) The custodian of a county or municipal treasury may
61	61	deposit money collected under this section in an interest-bearing
62	62	account. The custodian shall:
63	63	(1) keep records of the amount of money on deposit
64	64	collected under this article; and
65	65	(2) send to the comptroller before the last day of the
66	66	first month following each calendar quarter the money collected
67	67	under this article during the preceding quarter.
68	68	(f) A county or municipality may retain five percent of the
69	69	money collected under this section as a service fee for the
70	70	collection if the county or municipality remits the funds to the
71	71	comptroller within the period prescribed by Subsection (e). The
72	72	county or municipality may retain any interest accrued on the money
73	73	if the custodian of the treasury keeps records of the amount of
74	74	money on deposit collected under this article and remits the funds
75	75	to the comptroller within the period prescribed by Subsection (e).
76	76	(g) If no money due as a cost under this article is deposited
77	77	in a county or municipal treasury in a calendar quarter, the
78	78	custodian of the treasury shall file the report required for the
79	79	quarter in the regular manner and must state that no money was
80	80	collected.
81	81	(h) The comptroller shall deposit the money received under
82	82	this article to the credit of the designated trauma facility and
83	83	emergency medical services account under Section 780.003, Health
84	84	and Safety Code.
85	85	SECTION 3. Section 1001.257, Education Code, is amended to
86	86	read as follows:
87	87	Sec. 1001.257. DENIAL OF LICENSE. The commissioner may not
88	88	issue or renew a driver education instructor license, including a
89	89	temporary license, to a person who has been convicted of:
90	90	(1) three or more moving violations described by
91	91	Section 542.304, Transportation Code, including violations that
92	92	resulted in an accident; or
93	93	(2) two or more moving violations described by Section
94	94	542.304, Transportation Code, that resulted in an accident [six or
95	95	more points assigned to the person's driver's license under
96	96	Subchapter B, Chapter 708, Transportation Code].
97	97	SECTION 4. Subchapter B, Chapter 102, Government Code, is
98	98	amended by adding Section 102.02135 to read as follows:
99	99	Sec. 102.02135. ADDITIONAL COURT COSTS: TRANSPORTATION
100	100	CODE. A person shall pay the following under Article 102.023, Code
101	101	of Criminal Procedure, in addition to all other costs, to be used to
102	102	fund the designated trauma facility and emergency medical services
103	103	account:
104	104	(1) 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 (Art. 102.023(b)(1)) . . . $2,000;
107	107	(2) court cost on conviction of an offense under
108	108	Section 545.420, 545.421, 550.021, or 550.023(3), Transportation
109	109	Code (Art. 102.023(b)(2)). . . $500;
110	110	(3) court cost on conviction of an offense under
111	111	Section 19.04, 19.05, or 22.02, Penal Code, if the person who
112	112	committed the offense was operating a motor vehicle at the time of
113	113	the offense (Art. 102.023(b)(3)). . . $500;
114	114	(4) court cost on conviction of an offense under
115	115	Section 552.003, 552.006(c), 552.008, 545.060(a), 545.066,
116	116	545.151, 545.156, 545.401, 545.414, 545.417, 545.424(a),
117	117	545.425(b), 545.4252(b), or 547.004, Transportation Code (Art.
118	118	102.023(b)(4)). . . $100;
119	119	(5) court cost on conviction of an offense under
120	120	Section 545.351, Transportation Code, if the person who committed
121	121	the offense was driving at a speed greater than 10% of the posted
122	122	speed limit, in a school crossing zone, or when a special hazard
123	123	exists with regard to traffic, including pedestrians, or weather or
124	124	highway conditions (Art. 102.023(b)(5)). . . $100; and
125	125	(6) court cost on conviction of an offense under
126	126	Section 521.021, 521.221(c), 521.253(a)(1), 521.457, 601.191, or
127	127	601.371, Transportation Code (Art. 102.023(b)(6)). . . $50.
128	128	SECTION 5. Section 411.110(f), Government Code, is amended
129	129	to read as follows:
130	130	(f) The Department of State Health Services may not consider
131	131	offenses described by [for which points are assessed under] Section
132	132	542.304 [708.052], Transportation Code, to determine whether to
133	133	hire or retain an employee or to contract with a person on whom
134	134	criminal history record information is obtained under this section.
135	135	SECTION 6. Section 773.0614(b), Health and Safety Code, is
136	136	amended to read as follows:
137	137	(b) For purposes of Subsection (a), the department may not
138	138	consider offenses described by [for which points are assessed
139	139	under] Section 542.304 [708.052], Transportation Code.
140	140	SECTION 7. Section 773.06141(a), Health and Safety Code, is
141	141	amended to read as follows:
142	142	(a) The commissioner may suspend, revoke, or deny an
143	143	emergency medical services provider license on the grounds that the
144	144	provider's administrator of record, employee, or other
145	145	representative:
146	146	(1) has been convicted of, or placed on deferred
147	147	adjudication community supervision or deferred disposition for, an
148	148	offense that directly relates to the duties and responsibilities of
149	149	the administrator, employee, or representative, other than an
150	150	offense described by [for which points are assigned under] Section
151	151	542.304 [708.052], Transportation Code;
152	152	(2) has been convicted of or placed on deferred
153	153	adjudication community supervision or deferred disposition for an
154	154	offense, including:
155	155	(A) an offense listed in Sections 3g(a)(1)(A)
156	156	through (H), Article 42.12, Code of Criminal Procedure; or
157	157	(B) an offense, other than an offense described
158	158	by Subdivision (1), for which the person is subject to registration
159	159	under Chapter 62, Code of Criminal Procedure; or
160	160	(3) has been convicted of Medicare or Medicaid fraud,
161	161	has been excluded from participation in the state Medicaid program,
162	162	or has a hold on payment for reimbursement under the state Medicaid
163	163	program under Subchapter C, Chapter 531, Government Code.
164	164	SECTION 8. Section 780.002, Health and Safety Code, is
165	165	amended to read as follows:
166	166	Sec. 780.002. DEPOSITS TO ACCOUNT. The comptroller shall
167	167	deposit any gifts, grants, donations, and legislative
168	168	appropriations made for the purposes of the designated trauma
169	169	facility and emergency medical services account established under
170	170	Section 780.003 to the credit of the account. [(a) On the first
171	171	Monday of each month, the Department of Public Safety shall remit
172	172	the surcharges collected during the previous month under the driver
173	173	responsibility program operated by that department under Chapter
174	174	708, Transportation Code, to the comptroller.
175	175	[(b) The comptroller shall deposit 49.5 percent of the money
176	176	received under Subsection (a) to the credit of the account
177	177	established under this chapter and 49.5 percent of the money to the
178	178	general revenue fund. The remaining one percent of the amount of
179	179	the surcharges shall be deposited to the general revenue fund and
180	180	may be appropriated only to the Department of Public Safety for
181	181	administration of the driver responsibility program operated by
182	182	that department under Chapter 708, Transportation Code.
183	183	[(c) Notwithstanding Subsection (b), in any state fiscal
184	184	year the comptroller shall deposit 49.5 percent of the surcharges
185	185	collected under Chapter 708, Transportation Code, to the credit of
186	186	the general revenue fund only until the total amount of the
187	187	surcharges deposited to the credit of the general revenue fund
188	188	under Subsection (b), and the state traffic fines deposited to the
189	189	credit of that fund under Section 542.4031(g)(1), Transportation
190	190	Code, equals $250 million for that year. If in any state fiscal
191	191	year the amount received by the comptroller under those laws for
192	192	deposit to the credit of the general revenue fund exceeds $250
193	193	million, the comptroller shall deposit the additional amount to the
194	194	credit of the Texas mobility fund.]
195	195	SECTION 9. Section 502.357(b), Transportation Code, is
196	196	amended to read as follows:
197	197	(b) Fees collected under this section shall be deposited to
198	198	the credit of the state highway fund. Subject to appropriations,
199	199	the money shall be used by the Department of Public Safety to:
200	200	(1) support the Department of Public Safety's
201	201	reengineering of the driver's license system to provide for the
202	202	issuance by the Department of Public Safety of a driver's license or
203	203	personal identification certificate, to include use of image
204	204	comparison technology; and
205	205	(2) [establish and maintain a system to support the
206	206	driver responsibility program under Chapter 708; and
207	207	[(3)] make lease payments to the master lease purchase
208	208	program for the financing of the driver's license reengineering
209	209	project.
210	210	SECTION 10. Section 521.205(a), Transportation Code, is
211	211	amended to read as follows:
212	212	(a) The department by rule shall provide for approval of a
213	213	driver education course conducted by the parent, stepparent, foster
214	214	parent, legal guardian, step-grandparent, or grandparent of a
215	215	person who is required to complete a driver education course to
216	216	obtain a Class C license. The rules must provide that:
217	217	(1) the person conducting the course possess a valid
218	218	license for the preceding three years that has not been suspended,
219	219	revoked, or forfeited in the past three years for an offense that
220	220	involves the operation of a motor vehicle;
221	221	(2) the student driver spend a minimum number of hours
222	222	in:
223	223	(A) classroom instruction; and
224	224	(B) behind-the-wheel instruction;
225	225	(3) the person conducting the course not be convicted
226	226	of:
227	227	(A) criminally negligent homicide; or
228	228	(B) driving while intoxicated;
229	229	(4) the person conducting the course not be disabled
230	230	because of mental illness; and
231	231	(5) at the time a person begins conducting the course,
232	232	the person not have been convicted of:
233	233	(A) three or more moving violations described by
234	234	Section 542.304, Transportation Code, including violations that
235	235	resulted in an accident; or
236	236	(B) two or more moving violations described by
237	237	Section 542.304, Transportation Code, that resulted in an accident
238	238	[conducting the course not have six or more points assigned to the
239	239	person's driver's license under Subchapter B, Chapter 708, at the
240	240	time the person begins conducting the course].
241	241	SECTION 11. Subchapter C, Chapter 542, Transportation Code,
242	242	is amended by adding Section 542.304 to read as follows:
243	243	Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES.
244	244	(a) The department by rule shall designate the offenses involving
245	245	the operation of a motor vehicle that constitute a moving violation
246	246	of the traffic law for the purposes of:
247	247	(1) Article 102.022(a), Code of Criminal Procedure;
248	248	(2) Section 1001.257, Education Code;
249	249	(3) Section 411.110(f), Government Code;
250	250	(4) Sections 773.0614(b) and 773.06141(a), Health and
251	251	Safety Code; and
252	252	(5) Section 521.205(a), Transportation Code.
253	253	(b) The rules must provide that for the purposes of the
254	254	provisions described in Subsection (a), moving violations:
255	255	(1) include:
256	256	(A) a violation of a traffic law of this state,
257	257	another state, or a political subdivision of this or another state;
258	258	and
259	259	(B) an offense under Section 545.412; and
260	260	(2) do not include:
261	261	(A) an offense committed before September 1,
262	262	2003;
263	263	(B) the offense of speeding when the person
264	264	convicted was at the time of the offense driving less than 10
265	265	percent faster than the posted speed limit, unless the person
266	266	committed the offense in a school crossing zone; or
267	267	(C) an offense adjudicated under Article 45.051
268	268	or 45.0511, Code of Criminal Procedure.
269	269	SECTION 12. Section 542.4031(h), Transportation Code, is
270	270	amended to read as follows:
271	271	(h) Notwithstanding Subsection (g)(1), in any state fiscal
272	272	year the comptroller shall deposit 67 percent of the money received
273	273	under Subsection (e)(2) to the credit of the general revenue fund
274	274	only until the total amount of the money deposited to the credit of
275	275	the general revenue fund under Subsection (g)(1) [and Section
276	276	780.002(b), Health and Safety Code,] equals $250 million for that
277	277	year. If in any state fiscal year the amount received by the
278	278	comptroller under Subsection (g)(1) [those laws] for deposit to the
279	279	credit of the general revenue fund exceeds $250 million, the
280	280	comptroller shall deposit the additional amount to the credit of
281	281	the Texas mobility fund.
282	282	SECTION 13. Section 601.233(a), Transportation Code, is
283	283	amended to read as follows:
284	284	(a) A citation for an offense under Section 601.191 issued
285	285	as a result of Section 601.053 must include, in type larger than
286	286	other type on the citation, [except for the type of the statement
287	287	required by Section 708.105,] the following statement:
288	288	"A second or subsequent conviction of an offense under the Texas
289	289	Motor Vehicle Safety Responsibility Act will result in the
290	290	suspension of your driver's license and motor vehicle registration
291	291	unless you file and maintain evidence of financial responsibility
292	292	with the Department of Public Safety for two years from the date of
293	293	conviction. The department may waive the requirement to file
294	294	evidence of financial responsibility if you file satisfactory
295	295	evidence with the department showing that at the time this citation
296	296	was issued, the vehicle was covered by a motor vehicle liability
297	297	insurance policy or that you were otherwise exempt from the
298	298	requirements to provide evidence of financial responsibility."
299	299	SECTION 14. Chapter 708, Transportation Code, is repealed.
300	300	SECTION 15. (a) Notwithstanding the repeal by this Act of
301	301	Chapter 708, Transportation Code, a surcharge imposed under former
302	302	Chapter 708 of that code before the effective date of this Act is
303	303	governed by the applicable law in effect before the effective date
304	304	of this Act, and the former law is continued in effect for that
305	305	purpose.
306	306	(b) Article 102.023, Code of Criminal Procedure, as added by
307	307	this Act, applies only to a cost on conviction for an offense
308	308	committed on or after the effective date of this Act. An offense
309	309	committed before the effective date of this Act is governed by the
310	310	law in effect when the offense was committed, and the former law is
311	311	continued in effect for that purpose. For purposes of this section,
312	312	an offense was committed before the effective date of this Act if
313	313	any element of the offense occurred before that date.
314	314	SECTION 16. This Act takes effect September 1, 2015.