Texas 2017 - 85th Regular

Texas Senate Bill SB2185 Compare Versions

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1	1	By: Miles S.B. No. 2185
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the repeal of the driver responsibility program and the
7	7	amount and allocation of state traffic fine funds; authorizing and
8	8	increasing criminal fines.
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. Section 1001.112, Education Code, is amended by
19	19	adding Subsection (a-1) to read as follows:
20	20	(a-1) Notwithstanding Subsection (a)(4), the rules adopted
21	21	under Subsection (a) must provide that on the date a person
22	22	described by Subsection (a) begins conducting a driver education
23	23	course, the person conducting the course has not been convicted
24	24	during the preceding 36-month period of:
25	25	(1) three or more moving violations described by
26	26	Section 542.304, Transportation Code, including violations that
27	27	resulted in an accident; or
28	28	(2) two or more moving violations described by Section
29	29	542.304, Transportation Code, that resulted in an accident.
30	30	SECTION 3. Section 411.110(f), Government Code, is amended
31	31	to read as follows:
32	32	(f) The Department of State Health Services may not consider
33	33	offenses described by [for which points are assessed under] Section
34	34	542.304 [708.052], Transportation Code, to determine whether to
35	35	hire or retain an employee or to contract with a person on whom
36	36	criminal history record information is obtained under this section.
37	37	SECTION 4. Section 773.0614(b), Health and Safety Code, is
38	38	amended to read as follows:
39	39	(b) For purposes of Subsection (a), the department may not
40	40	consider offenses described by [for which points are assessed
41	41	under] Section 542.304 [708.052], Transportation Code.
42	42	SECTION 5. Section 773.06141(a), Health and Safety Code,
43	43	is amended to read as follows:
44	44	(a) The department may suspend, revoke, or deny an emergency
45	45	medical services provider license on the grounds that the
46	46	provider's administrator of record, employee, or other
47	47	representative:
48	48	(1) has been convicted of, or placed on deferred
49	49	adjudication community supervision or deferred disposition for, an
50	50	offense that directly relates to the duties and responsibilities of
51	51	the administrator, employee, or representative, other than an
52	52	offense described by [for which points are assigned under] Section
53	53	542.304 [708.052], Transportation Code;
54	54	(2) has been convicted of or placed on deferred
55	55	adjudication community supervision or deferred disposition for an
56	56	offense, including:
57	57	(A) an offense listed in Article 42A.054(a)(2),
58	58	(3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
59	59	or
60	60	(B) an offense, other than an offense described
61	61	by Subdivision (1), for which the person is subject to registration
62	62	under Chapter 62, Code of Criminal Procedure; or
63	63	(3) has been convicted of Medicare or Medicaid fraud,
64	64	has been excluded from participation in the state Medicaid program,
65	65	or has a hold on payment for reimbursement under the state Medicaid
66	66	program under Subchapter C, Chapter 531, Government Code.
67	67	SECTION 6. Section 780.002, Health and Safety Code, is
68	68	amended to read as follows:
69	69	Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT. The comptroller
70	70	shall deposit any gifts, grants, donations, and legislative
71	71	appropriations made for the purposes of the designated trauma
72	72	facility and emergency medical services account established under
73	73	Section 780.003 to the credit of the account. [(a) On the first
74	74	Monday of each month, the Department of Public Safety shall remit
75	75	the surcharges collected during the previous month under the driver
76	76	responsibility program operated by that department under Chapter
77	77	708, Transportation Code, to the comptroller.
78	78	[(b) The comptroller shall deposit 49.5 percent of the money
79	79	received under Subsection (a) to the credit of the account
80	80	established under this chapter and 49.5 percent of the money to the
81	81	general revenue fund. The remaining one percent of the amount of
82	82	the surcharges shall be deposited to the general revenue fund and
83	83	may be appropriated only to the Department of Public Safety for
84	84	administration of the driver responsibility program operated by
85	85	that department under Chapter 708, Transportation Code.
86	86	[(c) Notwithstanding Subsection (b), in any state fiscal
87	87	year the comptroller shall deposit 49.5 percent of the surcharges
88	88	collected under Chapter 708, Transportation Code, to the credit of
89	89	the general revenue fund only until the total amount of the
90	90	surcharges deposited to the credit of the general revenue fund
91	91	under Subsection (b), and the state traffic fines deposited to the
92	92	credit of that fund under Section 542.4031(g)(1), Transportation
93	93	Code, equals $250 million for that year. If in any state fiscal
94	94	year the amount received by the comptroller under those laws for
95	95	deposit to the credit of the general revenue fund exceeds $250
96	96	million, the comptroller shall deposit the additional amount to the
97	97	credit of the Texas mobility fund.]
98	98	SECTION 7. Section 780.003(b), Health and Safety Code, is
99	99	amended to read as follows:
100	100	(b) The account is composed of money deposited to the credit
101	101	of the account under Sections 542.406, [and] 707.008, and 709.003,
102	102	Transportation Code, and under Section 780.002 of this code.
103	103	SECTION 8. Section 502.357(b), Transportation Code, is
104	104	amended to read as follows:
105	105	(b) Fees collected under this section shall be deposited to
106	106	the credit of the state highway fund except that the comptroller
107	107	shall provide for a portion of the fees to be deposited first to the
108	108	credit of a special fund in the state treasury outside the general
109	109	revenue fund to be known as the TexasSure Fund in a total amount
110	110	that is necessary to cover the total amount appropriated to the
111	111	Texas Department of Insurance from that fund and for the remaining
112	112	fees to be deposited to the state highway fund. Subject to
113	113	appropriations, the money deposited to the credit of the state
114	114	highway fund under this section may be used by the Department of
115	115	Public Safety to:
116	116	(1) support the Department of Public Safety's
117	117	reengineering of the driver's license system to provide for the
118	118	issuance by the Department of Public Safety of a driver's license or
119	119	personal identification certificate, to include use of image
120	120	comparison technology; and
121	121	(2) [establish and maintain a system to support the
122	122	driver responsibility program under Chapter 708; and
123	123	[(3)] make lease payments to the master lease purchase
124	124	program for the financing of the driver's license reengineering
125	125	project.
126	126	SECTION 9. Subchapter C, Chapter 542, Transportation Code,
127	127	is amended by adding Section 542.304 to read as follows:
128	128	Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
129	129	The department by rule shall designate the offenses involving the
130	130	operation of a motor vehicle that constitute a moving violation of
131	131	the traffic law for the purposes of:
132	132	(1) Article 102.022(a), Code of Criminal Procedure;
133	133	(2) Section 1001.112(a-1), Education Code;
134	134	(3) Section 411.110(f), Government Code; and
135	135	(4) Sections 773.0614(b) and 773.06141(a), Health and
136	136	Safety Code.
137	137	(b) The rules must provide that for the purposes of the
138	138	provisions described in Subsection (a), moving violations:
139	139	(1) include:
140	140	(A) a violation of the traffic law of this state,
141	141	another state, or a political subdivision of this or another state;
142	142	and
143	143	(B) an offense under Section 545.412; and
144	144	(2) do not include:
145	145	(A) an offense committed before September 1,
146	146	2003;
147	147	(B) the offense of speeding when the person
148	148	convicted was at the time of the offense driving less than 10
149	149	percent faster than the posted speed limit, unless the person
150	150	committed the offense in a school crossing zone; or
151	151	(C) an offense adjudicated under Article 45.051
152	152	or 45.0511, Code of Criminal Procedure.
153	153	SECTION 10. Sections 542.4031(a), (f), (g), and (h),
154	154	Transportation Code, are amended to read as follows:
155	155	(a) In addition to the fine prescribed by Section 542.401 or
156	156	another section of this subtitle, as applicable, a person who
157	157	enters a plea of guilty or nolo contendere to or is convicted of an
158	158	offense under this subtitle shall pay $60 [$30] as a state traffic
159	159	fine. The person shall pay the state traffic fine when the person
160	160	enters the person's plea of guilty or nolo contendere, or on the
161	161	date of conviction, whichever is earlier. The state traffic fine
162	162	shall be paid regardless of whether:
163	163	(1) a sentence is imposed on the person;
164	164	(2) the court defers final disposition of the person's
165	165	case; or
166	166	(3) the person is placed on community supervision,
167	167	including deferred adjudication community supervision.
168	168	(f) A municipality or county may retain 2.5 [five] percent
169	169	of the money collected under this section as a service fee for the
170	170	collection if the municipality or county remits the funds to the
171	171	comptroller within the period prescribed in Subsection (e). The
172	172	municipality or county may retain any interest accrued on the money
173	173	if the custodian of the money deposited in the treasury keeps
174	174	records of the amount of money collected under this section that is
175	175	on deposit in the treasury and remits the funds to the comptroller
176	176	within the period prescribed in Subsection (e).
177	177	(g) Of the money received by the comptroller under this
178	178	section, the comptroller shall deposit:
179	179	(1) 58.5 [67] percent to the credit of the undedicated
180	180	portion of the general revenue fund; and
181	181	(2) 41.5 [33] percent to the credit of the designated
182	182	trauma facility and emergency medical services account under
183	183	Section 780.003, Health and Safety Code.
184	184	(h) Notwithstanding Subsection (g)(1), in any state fiscal
185	185	year the comptroller shall deposit 58.5 [67] percent of the money
186	186	received under Subsection (e)(2) to the credit of the general
187	187	revenue fund only until the total amount of the money deposited to
188	188	the credit of the general revenue fund under Subsection (g)(1) [and
189	189	Section 780.002(b), Health and Safety Code,] equals $250 million
190	190	for that year. If in any state fiscal year the amount received by
191	191	the comptroller under Subsection (g)(1) [those laws] for deposit to
192	192	the credit of the general revenue fund exceeds $250 million, the
193	193	comptroller shall deposit the additional amount to the credit of
194	194	the Texas mobility fund.
195	195	SECTION 11. Section 601.233(a), Transportation Code, is
196	196	amended to read as follows:
197	197	(a) A citation for an offense under Section 601.191 issued
198	198	as a result of Section 601.053 must include, in type larger than
199	199	other type on the citation, [except for the type of the statement
200	200	required by Section 708.105,] the following statement:
201	201	"A second or subsequent conviction of an offense under the Texas
202	202	Motor Vehicle Safety Responsibility Act will result in the
203	203	suspension of your driver's license and motor vehicle registration
204	204	unless you file and maintain evidence of financial responsibility
205	205	with the Department of Public Safety for two years from the date of
206	206	conviction. The department may waive the requirement to file
207	207	evidence of financial responsibility if you file satisfactory
208	208	evidence with the department showing that at the time this citation
209	209	was issued, the vehicle was covered by a motor vehicle liability
210	210	insurance policy or that you were otherwise exempt from the
211	211	requirements to provide evidence of financial responsibility."
212	212	SECTION 12. Subtitle I, Title 7, Transportation Code, is
213	213	amended by adding Chapter 709 to read as follows:
214	214	CHAPTER 709. MISCELLANEOUS TRAFFIC FINES
215	215	Sec. 709.001. TRAFFIC FINE FOR CONVICTION OF CERTAIN
216	216	INTOXICATED DRIVER OFFENSES. (a) In this section, "offense
217	217	relating to the operating of a motor vehicle while intoxicated" has
218	218	the meaning assigned by Section 49.09, Penal Code.
219	219	(b) In addition to the fine prescribed for the specific
220	220	offense, a person who during the preceding 36-month period has been
221	221	finally convicted of an offense relating to the operating of a motor
222	222	vehicle while intoxicated shall pay a fine each year.
223	223	(c) The amount of a fine under this section is $1,000 per
224	224	year, except that the amount of the fine is:
225	225	(1) $1,500 per year for a second or subsequent
226	226	conviction within a 36-month period; and
227	227	(2) $2,000 for a first or subsequent conviction if it
228	228	is shown on the trial of the offense that an analysis of a specimen
229	229	of the person's blood, breath, or urine showed an alcohol
230	230	concentration level of 0.16 or more at the time the analysis was
231	231	performed.
232	232	Sec. 709.002. TRAFFIC FINE FOR CONVICTION OF DRIVING
233	233	WITHOUT FINANCIAL RESPONSIBILITY. (a) In addition to the fine
234	234	prescribed under Section 601.191, a person who during the preceding
235	235	36-month period has been convicted of an offense under Section
236	236	601.191 shall pay a fine each year.
237	237	(b) Except as provided by Subsection (c), the amount of a
238	238	fine under this section is $250 per year.
239	239	(c) The amount of a fine under this section is $125 per year
240	240	if the person establishes financial responsibility under Section
241	241	601.051 not later than the 60th day after the date of the offense
242	242	through a motor vehicle liability insurance policy that:
243	243	(1) complies with Subchapter D, Chapter 601; and
244	244	(2) is prepaid and valid for at least a six-month
245	245	period.
246	246	Sec. 709.003. REMITTANCE OF TRAFFIC FINES COLLECTED TO
247	247	COMPTROLLER. (a) An officer collecting a traffic fine under
248	248	Section 709.002 in a case in municipal court shall keep separate
249	249	records of the money collected and shall deposit the money in the
250	250	municipal treasury.
251	251	(b) An officer collecting a traffic fine under Section
252	252	709.001 or 709.002 in a case in a justice, county, or district court
253	253	shall keep separate records of the money collected and shall
254	254	deposit the money in the county treasury.
255	255	(c) Each calendar quarter, an officer collecting a traffic
256	256	fine under Section 709.001 or 709.002 shall submit a report to the
257	257	comptroller. The report must comply with Articles 103.005(c) and
258	258	(d), Code of Criminal Procedure.
259	259	(d) The custodian of money in a municipal or county treasury
260	260	may deposit money collected under Sections 709.001 and 709.002 in
261	261	an interest-bearing account. The custodian shall:
262	262	(1) keep records of the amount of money collected
263	263	under this section that is on deposit in the treasury; and
264	264	(2) not later than the last day of the month following
265	265	each calendar quarter, remit to the comptroller money collected
266	266	under this section during the preceding quarter, as required by the
267	267	comptroller.
268	268	(e) A municipality or county may retain 2.5 percent of the
269	269	money collected under Sections 709.001 and 709.002 as a service fee
270	270	for the collection if the county remits the funds to the comptroller
271	271	within the period described by Subsection (d). The municipality or
272	272	county may retain any interest accrued on the money if the custodian
273	273	of the money deposited in the treasury keeps records of the amount
274	274	of money collected under this section that is on deposit in the
275	275	treasury and remits the funds to the comptroller within the period
276	276	prescribed in Subsection (d).
277	277	(f) The comptroller shall deposit money remitted to the
278	278	comptroller under this section to the credit of the designated
279	279	trauma facility and emergency medical services account under
280	280	Section 780.003, Health and Safety Code.
281	281	(g) Money collected under this section is subject to audit
282	282	by the comptroller. Money spent is subject to audit by the state
283	283	auditor.
284	284	SECTION 13. Chapter 708, Transportation Code, is repealed.
285	285	SECTION 14. The repeal by this Act of Chapter 708,
286	286	Transportation Code, applies to any surcharge pending on the
287	287	effective date of this Act, regardless of whether the surcharge was
288	288	imposed before that date.
289	289	SECTION 15. This Act takes effect September 1, 2017.