Texas 2017 - 85th Regular

Texas House Bill HB3272 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Wray (Senate Sponsor - Rodríguez) H.B. No. 3272
2		-	(In the Senate - Received from the House May 10, 2017;
3		-	May 12, 2017, read first time and referred to Committee on
4		-	Transportation; May 17, 2017, reported favorably by the following
5		-	vote: Yeas 9, Nays 0; May 17, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3272
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the suspension, revocation, or cancellation of a
12	6		driver's license or personal identification certificate and to
13	7		certain conduct constituting contempt of court that may result in
14	8		the suspension or denial of a driver's license.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. The heading to Article 45.050, Code of Criminal
17	11		Procedure, is amended to read as follows:
18	12		Art. 45.050. FAILURE TO PAY FINE; FAILURE TO APPEAR;
19	13		CONTEMPT: JUVENILES.
20	14		SECTION 2. Article 45.050(b), Code of Criminal Procedure,
21	15		is amended to read as follows:
22	16		(b) A justice or municipal court may not order the
23	17		confinement of a child for:
24	18		(1) the failure to pay all or any part of a fine or
25	19		costs imposed for the conviction of an offense punishable by fine
26	20		only; [or]
27	21		(2) the failure to appear for an offense committed by
28	22		the child; or
29	23		(3) contempt of another order of a justice or
30	24		municipal court.
31	25		SECTION 3. Section 521.292(a), Transportation Code, is
32	26		amended to read as follows:
33	27		(a) The department shall suspend the person's license if the
34	28		department determines that the person:
35	29		(1) has operated a motor vehicle on a highway while the
36	30		person's license was suspended, canceled, disqualified, or
37	31		revoked, or without a license after an application for a license was
38	32		denied;
39	33		(2) is a habitually reckless or negligent operator of
40	34		a motor vehicle;
41	35		(3) is a habitual violator of the traffic laws;
42	36		(4) has permitted the unlawful or fraudulent use of
43	37		the person's license;
44	38		(5) has committed an offense in another state or
45	39		Canadian province that, if committed in this state, would be
46	40		grounds for suspension;
47	41		(6) has been convicted of two or more separate
48	42		offenses of a violation of a restriction imposed on the use of the
49	43		license;
50	44		(7) has been responsible as a driver for any accident
51	45		resulting in serious personal injury or serious property damage;
52	46		(8) is under 18 years of age [the holder of a
53	47		provisional license issued under Section 521.123] and has been
54	48		convicted of two or more moving violations committed within a
55	49		12-month period; or
56	50		(9) has committed an offense under Section 545.421.
57	51		SECTION 4. Section 521.294, Transportation Code, is amended
58	52		to read as follows:
59	53		Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
60	54		REVOCATION. The department shall revoke the person's license if
61	55		the department determines that the person:
62	56		(1) is incapable of safely operating a motor vehicle;
63	57		(2) has not complied with the terms of a citation
64	58		issued by a jurisdiction that is a party to the Nonresident Violator
65	59		Compact of 1977 for a traffic violation to which that compact
66	60		applies;
67	61		(3) has failed to provide medical records or has
68	62		failed to undergo medical or other examinations as required by a
69	63		panel of the medical advisory board;
70	64		(4) has failed to pass an examination required by the
71	65		director under this chapter; or
72	66		(5) [has been reported by a court under Section
73	67		521.3452 for failure to appear unless the court files an additional
74	68		report on final disposition of the case;
75	69		[(6) has been reported within the preceding two years
76	70		by a justice or municipal court for failure to appear or for a
77	71		default in payment of a fine for a misdemeanor punishable only by
78	72		fine, other than a failure reported under Section 521.3452,
79	73		committed by a person who is at least 14 years of age but younger
80	74		than 17 years of age when the offense was committed, unless the
81	75		court files an additional report on final disposition of the case;
82	76		or
83	77		[(7)] has committed an offense in another state or
84	78		Canadian province that, if committed in this state, would be
85	79		grounds for revocation.
86	80		SECTION 5. Section 521.300, Transportation Code, is amended
87	81		by adding Subsection (a-1) to read as follows:
88	82		(a-1) A hearing under this subchapter may be conducted by
89	83		telephone or video conference call if the presiding officer
90	84		provides notice to the affected parties.
91	85		SECTION 6. Section 521.314, Transportation Code, is amended
92	86		to read as follows:
93	87		Sec. 521.314. CANCELLATION AUTHORITY. The department may
94	88		cancel a license or certificate if it determines that the holder:
95	89		(1) is [was] not entitled to the license or
96	90		certificate; [or]
97	91		(2) failed to give required information in the
98	92		application for the license or certificate; or
99	93		(3) paid the required fee for the license or
100	94		certificate by check or credit card that was returned to the
101	95		department or not honored by the funding institution or credit card
102	96		company due to insufficient funds, a closed account, or any other
103	97		reason.
104	98		SECTION 7. The changes in law made by this Act to Sections
105	99		521.292, 521.294, and 521.314, Transportation Code, apply only to a
106	100		determination to suspend, revoke, or cancel a driver's license or
107	101		personal identification certificate made by the Department of
108	102		Public Safety on or after the effective date of this Act. A
109	103		determination to suspend, revoke, or cancel a driver's license or
110	104		personal identification certificate made before the effective date
111	105		of this Act is governed by the law in effect when the determination
112	106		was made, and the former law is continued in effect for that
113	107		purpose.
114	108		SECTION 8. This Act takes effect September 1, 2017.
115		-	* * * * *
	109	+	______________________________ ______________________________
	110	+	President of the Senate Speaker of the House
	111	+	I certify that H.B. No. 3272 was passed by the House on May 9,
	112	+	2017, by the following vote: Yeas 145, Nays 0, 2 present, not
	113	+	voting.
	114	+	______________________________
	115	+	Chief Clerk of the House
	116	+	I certify that H.B. No. 3272 was passed by the Senate on May
	117	+	24, 2017, by the following vote: Yeas 30, Nays 1.
	118	+	______________________________
	119	+	Secretary of the Senate
	120	+	APPROVED: _____________________
	121	+	Date
	122	+	_____________________
	123	+	Governor