85R2104 AJZ-D
By: Dale H.B. No. 459
A BILL TO BE ENTITLED
AN ACT
relating to the suspension of a driver's license for the failure to
pay a surcharge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 708.151(c), Transportation Code, is
amended to read as follows:
(c) If on or before the 45th day after the date the first
notice was sent the person fails to pay the amount of the surcharge
or fails to enter into an installment payment agreement with the
department, the department shall send a second notice. If on or
before the 60th day after the date the second notice was sent the
person fails to pay the amount of the surcharge or fails to enter
into an installment payment agreement with the department, the
department shall send a third notice that advises the person that
the person's driving privileges may be [are] suspended by a justice
of the peace.
SECTION 2. Section 708.152(a), Transportation Code, is
amended to read as follows:
(a) If on the 60th day after the date the department sends a
second notice under Section 708.151 the person fails to pay the
amount of a surcharge on the person's license or fails to enter into
an installment payment agreement with the department, the
department shall notify the justice of the peace of the precinct in
which the person resides [license of the person is automatically
suspended]. The department may not notify the justice of the peace
[A person's license may not be suspended] under this section before
the 105th day after the date the surcharge was assessed by the
department. The justice of the peace may order the department to
suspend the person's license for nonpayment of the surcharge.
SECTION 3. Section 708.154(b), Transportation Code, is
amended to read as follows:
(b) If a surcharge or a related cost is paid by credit card
and the amount is subsequently reversed by the issuer of the credit
card, the department shall notify the justice of the peace of the
precinct in which the person resides [license of the person is
automatically suspended]. The justice of the peace may order the
department to suspend the person's license for nonpayment of the
surcharge.
SECTION 4. This Act takes effect September 1, 2017.