Texas 2017 - 85th Regular

Texas House Bill HB67 Compare Versions

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

Old	New	Differences
1	1	85R577 AJZ-D
2	2	By: White H.B. No. 67
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the repeal of the driver responsibility program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 102.022(a), Code of Criminal Procedure,
10	10	is amended to read as follows:
11	11	(a) In this article, "moving violation" means an offense
12	12	that:
13	13	(1) involves the operation of a motor vehicle; and
14	14	(2) is classified as a moving violation by the
15	15	Department of Public Safety under Section 542.304 [708.052],
16	16	Transportation Code.
17	17	SECTION 2. Section 1001.112, Education Code, is amended by
18	18	adding Subsection (a-1) to read as follows:
19	19	(a-1) Notwithstanding Subsection (a)(4), the rules adopted
20	20	under Subsection (a) must provide that on the date a person
21	21	described by Subsection (a) begins conducting a driver education
22	22	course, the person conducting the course has not been convicted
23	23	during the preceding 36-month period of:
24	24	(1) three or more moving violations described by
25	25	Section 542.304, Transportation Code, including violations that
26	26	resulted in an accident; or
27	27	(2) two or more moving violations described by Section
28	28	542.304, Transportation Code, that resulted in an accident.
29	29	SECTION 3. Section 411.110(f), Government Code, is amended
30	30	to read as follows:
31	31	(f) The Department of State Health Services may not consider
32	32	offenses described by [for which points are assessed under] Section
33	33	542.304 [708.052], Transportation Code, to determine whether to
34	34	hire or retain an employee or to contract with a person on whom
35	35	criminal history record information is obtained under this section.
36	36	SECTION 4. Section 773.0614(b), Health and Safety Code, is
37	37	amended to read as follows:
38	38	(b) For purposes of Subsection (a), the department may not
39	39	consider offenses described by [for which points are assessed
40	40	under] Section 542.304 [708.052], Transportation Code.
41	41	SECTION 5. Section 773.06141(a), Health and Safety Code,
42	42	is amended to read as follows:
43	43	(a) The department may suspend, revoke, or deny an emergency
44	44	medical services provider license on the grounds that the
45	45	provider's administrator of record, employee, or other
46	46	representative:
47	47	(1) has been convicted of, or placed on deferred
48	48	adjudication community supervision or deferred disposition for, an
49	49	offense that directly relates to the duties and responsibilities of
50	50	the administrator, employee, or representative, other than an
51	51	offense described by [for which points are assigned under] Section
52	52	542.304 [708.052], Transportation Code;
53	53	(2) has been convicted of or placed on deferred
54	54	adjudication community supervision or deferred disposition for an
55	55	offense, including:
56	56	(A) an offense listed in Article 42A.054(a)(2),
57	57	(3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
58	58	or
59	59	(B) an offense, other than an offense described
60	60	by Subdivision (1), for which the person is subject to registration
61	61	under Chapter 62, Code of Criminal Procedure; or
62	62	(3) has been convicted of Medicare or Medicaid fraud,
63	63	has been excluded from participation in the state Medicaid program,
64	64	or has a hold on payment for reimbursement under the state Medicaid
65	65	program under Subchapter C, Chapter 531, Government Code.
66	66	SECTION 6. Section 780.002, Health and Safety Code, is
67	67	amended to read as follows:
68	68	Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT. The comptroller
69	69	shall deposit any gifts, grants, donations, and legislative
70	70	appropriations made for the purposes of the designated trauma
71	71	facility and emergency medical services account established under
72	72	Section 780.003 to the credit of the account. [(a) On the first
73	73	Monday of each month, the Department of Public Safety shall remit
74	74	the surcharges collected during the previous month under the driver
75	75	responsibility program operated by that department under Chapter
76	76	708, Transportation Code, to the comptroller.
77	77	[(b) The comptroller shall deposit 49.5 percent of the money
78	78	received under Subsection (a) to the credit of the account
79	79	established under this chapter and 49.5 percent of the money to the
80	80	general revenue fund. The remaining one percent of the amount of
81	81	the surcharges shall be deposited to the general revenue fund and
82	82	may be appropriated only to the Department of Public Safety for
83	83	administration of the driver responsibility program operated by
84	84	that department under Chapter 708, Transportation Code.
85	85	[(c) Notwithstanding Subsection (b), in any state fiscal
86	86	year the comptroller shall deposit 49.5 percent of the surcharges
87	87	collected under Chapter 708, Transportation Code, to the credit of
88	88	the general revenue fund only until the total amount of the
89	89	surcharges deposited to the credit of the general revenue fund
90	90	under Subsection (b), and the state traffic fines deposited to the
91	91	credit of that fund under Section 542.4031(g)(1), Transportation
92	92	Code, equals $250 million for that year. If in any state fiscal
93	93	year the amount received by the comptroller under those laws for
94	94	deposit to the credit of the general revenue fund exceeds $250
95	95	million, the comptroller shall deposit the additional amount to the
96	96	credit of the Texas mobility fund.]
97	97	SECTION 7. Section 502.357(b), Transportation Code, is
98	98	amended to read as follows:
99	99	(b) Fees collected under this section shall be deposited to
100	100	the credit of the state highway fund except that the comptroller
101	101	shall provide for a portion of the fees to be deposited first to the
102	102	credit of a special fund in the state treasury outside the general
103	103	revenue fund to be known as the TexasSure Fund in a total amount
104	104	that is necessary to cover the total amount appropriated to the
105	105	Texas Department of Insurance from that fund and for the remaining
106	106	fees to be deposited to the state highway fund. Subject to
107	107	appropriations, the money deposited to the credit of the state
108	108	highway fund under this section may be used by the Department of
109	109	Public Safety to:
110	110	(1) support the Department of Public Safety's
111	111	reengineering of the driver's license system to provide for the
112	112	issuance by the Department of Public Safety of a driver's license or
113	113	personal identification certificate, to include use of image
114	114	comparison technology; and
115	115	(2) [establish and maintain a system to support the
116	116	driver responsibility program under Chapter 708; and
117	117	[(3)] make lease payments to the master lease purchase
118	118	program for the financing of the driver's license reengineering
119	119	project.
120	120	SECTION 8. Subchapter C, Chapter 542, Transportation Code,
121	121	is amended by adding Section 542.304 to read as follows:
122	122	Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
123	123	The department by rule shall designate the offenses involving the
124	124	operation of a motor vehicle that constitute a moving violation of
125	125	the traffic law for the purposes of:
126	126	(1) Article 102.022(a), Code of Criminal Procedure;
127	127	(2) Section 1001.112(a-1), Education Code;
128	128	(3) Section 411.110(f), Government Code; and
129	129	(4) Sections 773.0614(b) and 773.06141(a), Health and
130	130	Safety Code.
131	131	(b) The rules must provide that for the purposes of the
132	132	provisions described in Subsection (a), moving violations:
133	133	(1) include:
134	134	(A) a violation of the traffic law of this state,
135	135	another state, or a political subdivision of this or another state;
136	136	and
137	137	(B) an offense under Section 545.412; and
138	138	(2) do not include:
139	139	(A) an offense committed before September 1,
140	140	2003;
141	141	(B) the offense of speeding when the person
142	142	convicted was at the time of the offense driving less than 10
143	143	percent faster than the posted speed limit, unless the person
144	144	committed the offense in a school crossing zone; or
145	145	(C) an offense adjudicated under Article 45.051
146	146	or 45.0511, Code of Criminal Procedure.
147	147	SECTION 9. Section 542.4031(h), Transportation Code, is
148	148	amended to read as follows:
149	149	(h) Notwithstanding Subsection (g)(1), in any state fiscal
150	150	year the comptroller shall deposit 67 percent of the money received
151	151	under Subsection (e)(2) to the credit of the general revenue fund
152	152	only until the total amount of the money deposited to the credit of
153	153	the general revenue fund under Subsection (g)(1) [and Section
154	154	780.002(b), Health and Safety Code,] equals $250 million for that
155	155	year. If in any state fiscal year the amount received by the
156	156	comptroller under Subsection (g)(1) [those laws] for deposit to the
157	157	credit of the general revenue fund exceeds $250 million, the
158	158	comptroller shall deposit the additional amount to the credit of
159	159	the Texas mobility fund.
160	160	SECTION 10. Section 601.233(a), Transportation Code, is
161	161	amended to read as follows:
162	162	(a) A citation for an offense under Section 601.191 issued
163	163	as a result of Section 601.053 must include, in type larger than
164	164	other type on the citation, [except for the type of the statement
165	165	required by Section 708.105,] the following statement:
166	166	"A second or subsequent conviction of an offense under the Texas
167	167	Motor Vehicle Safety Responsibility Act will result in the
168	168	suspension of your driver's license and motor vehicle registration
169	169	unless you file and maintain evidence of financial responsibility
170	170	with the Department of Public Safety for two years from the date of
171	171	conviction. The department may waive the requirement to file
172	172	evidence of financial responsibility if you file satisfactory
173	173	evidence with the department showing that at the time this citation
174	174	was issued, the vehicle was covered by a motor vehicle liability
175	175	insurance policy or that you were otherwise exempt from the
176	176	requirements to provide evidence of financial responsibility."
177	177	SECTION 11. Chapter 708, Transportation Code, is repealed.
178	178	SECTION 12. The repeal by this Act of Chapter 708,
179	179	Transportation Code, applies to any surcharge pending on the
180	180	effective date of this Act, regardless of whether the surcharge was
181	181	imposed before that date.
182	182	SECTION 13. This Act takes effect September 1, 2017.