| 1 | 1 | | 85R2104 AJZ-D |
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| 2 | 2 | | By: Dale H.B. No. 459 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the suspension of a driver's license for the failure to |
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| 8 | 8 | | pay a surcharge. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 708.151(c), Transportation Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (c) If on or before the 45th day after the date the first |
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| 13 | 13 | | notice was sent the person fails to pay the amount of the surcharge |
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| 14 | 14 | | or fails to enter into an installment payment agreement with the |
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| 15 | 15 | | department, the department shall send a second notice. If on or |
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| 16 | 16 | | before the 60th day after the date the second notice was sent the |
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| 17 | 17 | | person fails to pay the amount of the surcharge or fails to enter |
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| 18 | 18 | | into an installment payment agreement with the department, the |
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| 19 | 19 | | department shall send a third notice that advises the person that |
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| 20 | 20 | | the person's driving privileges may be [are] suspended by a justice |
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| 21 | 21 | | of the peace. |
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| 22 | 22 | | SECTION 2. Section 708.152(a), Transportation Code, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (a) If on the 60th day after the date the department sends a |
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| 25 | 25 | | second notice under Section 708.151 the person fails to pay the |
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| 26 | 26 | | amount of a surcharge on the person's license or fails to enter into |
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| 27 | 27 | | an installment payment agreement with the department, the |
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| 28 | 28 | | department shall notify the justice of the peace of the precinct in |
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| 29 | 29 | | which the person resides [license of the person is automatically |
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| 30 | 30 | | suspended]. The department may not notify the justice of the peace |
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| 31 | 31 | | [A person's license may not be suspended] under this section before |
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| 32 | 32 | | the 105th day after the date the surcharge was assessed by the |
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| 33 | 33 | | department. The justice of the peace may order the department to |
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| 34 | 34 | | suspend the person's license for nonpayment of the surcharge. |
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| 35 | 35 | | SECTION 3. Section 708.154(b), Transportation Code, is |
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| 36 | 36 | | amended to read as follows: |
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| 37 | 37 | | (b) If a surcharge or a related cost is paid by credit card |
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| 38 | 38 | | and the amount is subsequently reversed by the issuer of the credit |
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| 39 | 39 | | card, the department shall notify the justice of the peace of the |
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| 40 | 40 | | precinct in which the person resides [license of the person is |
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| 41 | 41 | | automatically suspended]. The justice of the peace may order the |
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| 42 | 42 | | department to suspend the person's license for nonpayment of the |
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| 43 | 43 | | surcharge. |
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| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2017. |
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