Texas 2019 - 86th Regular

Texas House Bill HB1372 Compare Versions

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

Old	New	Differences
1	1	86R2156 JRR-F
2	2	By: White H.B. No. 1372
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administrative, civil, and criminal consequences
8	8	imposed on persons arrested for, charged with, or convicted of
9	9	certain criminal offenses, including certain conditions of
10	10	suspension or renewal of a driver's license.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 103.0213, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
15	15	CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
16	16	party to a civil suit, as applicable, shall pay the following fees
17	17	and costs under the Transportation Code if ordered by the court or
18	18	otherwise required:
19	19	(1) administrative fee on dismissal of charge of
20	20	driving with an expired motor vehicle registration (Sec. 502.407,
21	21	Transportation Code) . . . not to exceed $20;
22	22	(2) administrative fee on dismissal of charge of
23	23	driving with an expired driver's license (Sec. 521.026,
24	24	Transportation Code) . . . not to exceed $20;
25	25	(2-a) administrative fee on remediation of charge of
26	26	operation of a vehicle without a registration insignia (Sec.
27	27	502.473, Transportation Code) . . . not to exceed $10;
28	28	(3) administrative fee on remediation of charge of
29	29	operating a vehicle without complying with inspection requirements
30	30	as certified (Sec. 548.605, Transportation Code) . . . not to exceed
31	31	$20;
32	32	(4) administrative fee for failure to appear for a
33	33	complaint or citation on certain offenses (Sec. 706.006,
34	34	Transportation Code) . . . $30 for each violation; and
35	35	(5) [administrative fee for failure to pay or satisfy
36	36	certain judgments (Sec. 706.006, Transportation Code) . . . $30;
37	37	and
38	38	[(6)] administrative fee on dismissal of charge of
39	39	driving a commercial motor vehicle without a commercial driver's
40	40	license or commercial learner's permit (Sec. 522.011,
41	41	Transportation Code) . . . not to exceed $10.
42	42	SECTION 2. Section 133.003, Local Government Code, is
43	43	amended to read as follows:
44	44	Sec. 133.003. CRIMINAL FEES. This chapter applies to the
45	45	following criminal fees:
46	46	(1) the consolidated fee imposed under Section
47	47	133.102;
48	48	(2) the time payment fee imposed under Section
49	49	133.103;
50	50	(3) fees for services of peace officers employed by
51	51	the state imposed under Article 102.011, Code of Criminal
52	52	Procedure, and forwarded to the comptroller as provided by Section
53	53	133.104;
54	54	(4) costs on conviction imposed in certain statutory
55	55	county courts under Section 51.702, Government Code, and deposited
56	56	in the judicial fund;
57	57	(5) costs on conviction imposed in certain county
58	58	courts under Section 51.703, Government Code, and deposited in the
59	59	judicial fund;
60	60	(6) the administrative fee for failure to appear [or
61	61	failure to pay or satisfy a judgment] imposed under Section
62	62	706.006, Transportation Code;
63	63	(7) fines on conviction imposed under Section
64	64	621.506(g), Transportation Code;
65	65	(8) the fee imposed under Article 102.0045, Code of
66	66	Criminal Procedure;
67	67	(9) the cost on conviction imposed under Section
68	68	133.105 and deposited in the judicial fund; and
69	69	(10) the cost on conviction imposed under Section
70	70	133.107.
71	71	SECTION 3. Section 521.292(a), Transportation Code, is
72	72	amended to read as follows:
73	73	(a) The department shall suspend the person's license if the
74	74	department determines that the person:
75	75	(1) has operated a motor vehicle on a highway:
76	76	(A) while the person's license was suspended,
77	77	canceled, disqualified, or revoked as the result of a conviction of
78	78	an offense involving the operation of a motor vehicle while
79	79	intoxicated;[,] or
80	80	(B) without a license after an application for a
81	81	license was denied as the result of a conviction of an offense
82	82	involving the operation of a motor vehicle while intoxicated;
83	83	(2) is a habitually reckless or negligent operator of
84	84	a motor vehicle;
85	85	(3) is a habitual violator of the traffic laws;
86	86	(4) has permitted the unlawful or fraudulent use of
87	87	the person's license;
88	88	(5) has committed an offense in another state or
89	89	Canadian province that, if committed in this state, would be
90	90	grounds for suspension;
91	91	(6) has been convicted of two or more separate
92	92	offenses of a violation of a restriction imposed on the use of the
93	93	license;
94	94	(7) has been responsible as a driver for any accident
95	95	resulting in serious personal injury or serious property damage;
96	96	(8) is under 18 years of age and has been convicted of
97	97	two or more moving violations committed within a 12-month period;
98	98	or
99	99	(9) has committed an offense under Section 545.421.
100	100	SECTION 4. Section 521.293, Transportation Code, is amended
101	101	to read as follows:
102	102	Sec. 521.293. PERIOD OF SUSPENSION UNDER SECTION 521.292.
103	103	If [(a) Except as provided by Subsection (b), if] the person does
104	104	not request a hearing, the period of license suspension under
105	105	Section 521.292 is 90 days.
106	106	[(b) If the department determines that the person engaged in
107	107	conduct described by Section 521.292(a)(1), the period of license
108	108	suspension is extended for an additional period of the lesser of:
109	109	[(1) the term of the original suspension; or
110	110	[(2) one year.]
111	111	SECTION 5. Section 521.312(b), Transportation Code, is
112	112	amended to read as follows:
113	113	(b) Except as provided by Subsection (c)[, Section
114	114	521.293(b),] or Subchapter O, the department may not suspend a
115	115	license for a period that exceeds one year.
116	116	SECTION 6. Section 521.313, Transportation Code, is amended
117	117	by amending Subsection (b) and adding Subsection (b-1) to read as
118	118	follows:
119	119	(b) Notwithstanding Subsection (a), [The] payment of a
120	120	reinstatement fee is not required if:
121	121	(1) a suspension or revocation under this subchapter
122	122	is:
123	123	(A) [(1)] rescinded by the department; or
124	124	(B) [(2)] not sustained by a presiding officer or
125	125	a court; or
126	126	(2) the department waives the fee under Subsection
127	127	(b-1).
128	128	(b-1) The department shall waive payment of the
129	129	reinstatement fee imposed under this section if the department
130	130	determines, based on evidence received from the person or a court,
131	131	that the person is indigent or does not have sufficient resources or
132	132	income to pay the fee.
133	133	SECTION 7. Section 521.3452(b), Transportation Code, is
134	134	amended to read as follows:
135	135	(b) In addition to any other action or remedy provided by
136	136	law, the department may deny renewal of the person's driver's
137	137	license under [Section 521.317 or] Chapter 706.
138	138	SECTION 8. Sections 521.457(e) and (f-1), Transportation
139	139	Code, are amended to read as follows:
140	140	(e) Except as provided by Subsections [(f),] (f-1)[,] and
141	141	(f-2), an offense under this section is a Class C misdemeanor.
142	142	(f-1) If it is shown on the trial of an offense under this
143	143	section that at the time of the offense, the license of the person
144	144	was [has previously been] suspended as the result of an offense
145	145	involving the operation of a motor vehicle while intoxicated, the
146	146	offense is a Class B misdemeanor.
147	147	SECTION 9. Section 524.051, Transportation Code, is amended
148	148	by amending Subsection (b) and adding Subsection (b-1) to read as
149	149	follows:
150	150	(b) Notwithstanding Subsection (a), [The] payment of a
151	151	reinstatement fee is not required if:
152	152	(1) a suspension under this chapter is:
153	153	(A) [(1)] rescinded by the department; or
154	154	(B) [(2)] not sustained by an administrative law
155	155	judge, or a court; or
156	156	(2) the department waives the fee under Subsection
157	157	(b-1).
158	158	(b-1) The department shall waive payment of the
159	159	reinstatement fee imposed under this section if the department
160	160	determines, based on evidence received from the person or a court,
161	161	that the person is indigent or does not have sufficient resources or
162	162	income to pay the fee.
163	163	SECTION 10. Section 601.376, Transportation Code, is
164	164	amended by amending Subsection (a) and adding Subsection (a-1) to
165	165	read as follows:
166	166	(a) A driver's license, vehicle registration, or
167	167	nonresident's operating privilege that has been suspended under
168	168	this chapter may not be reinstated and a new license or registration
169	169	may not be issued to the holder of the suspended license,
170	170	registration, or privilege until the person:
171	171	(1) pays to the department a fee of $100, unless the
172	172	department waives the fee under Subsection (a-1); and
173	173	(2) complies with the other requirements of this
174	174	chapter.
175	175	(a-1) The department shall waive payment of the fee imposed
176	176	under this section if the department determines, based on evidence
177	177	received from the person or a court, that the person is indigent or
178	178	does not have sufficient resources or income to pay the fee.
179	179	SECTION 11. Chapter 706, Transportation Code, is amended by
180	180	adding Section 706.0011 to read as follows:
181	181	Sec. 706.0011. FINDING BY COURT OF INABILITY TO PAY. If the
182	182	court having jurisdiction over an offense for which a fine and cost
183	183	were imposed makes a finding that the person is economically unable
184	184	to pay the fine and cost:
185	185	(1) the department may not deny renewal of the person's
186	186	driver's license under this chapter; and
187	187	(2) an administrative fee may not be imposed on the
188	188	person under Section 706.006.
189	189	SECTION 12. Section 706.002(a), Transportation Code, is
190	190	amended to read as follows:
191	191	(a) A political subdivision may contract with the
192	192	department to provide information necessary for the department to
193	193	deny renewal of the driver's license of a person who fails to appear
194	194	for a complaint or citation [or fails to pay or satisfy a judgment
195	195	ordering payment of a fine and cost in the manner ordered by the
196	196	court] in a matter involving any offense that a court has
197	197	jurisdiction of under Chapter 4, Code of Criminal Procedure.
198	198	SECTION 13. Section 706.003(b), Transportation Code, is
199	199	amended to read as follows:
200	200	(b) The warning under Subsection (a):
201	201	(1) is in addition to any other warning required by
202	202	law;
203	203	(2) must state in substance that if the person fails to
204	204	appear in court as provided by law for the prosecution of the
205	205	offense [or if the person fails to pay or satisfy a judgment
206	206	ordering the payment of a fine and cost in the manner ordered by the
207	207	court], the person may be denied renewal of the person's driver's
208	208	license; and
209	209	(3) may be printed on the same instrument as the
210	210	citation.
211	211	SECTION 14. Section 706.004, Transportation Code, is
212	212	amended to read as follows:
213	213	Sec. 706.004. DENIAL OF RENEWAL OF DRIVER'S LICENSE. (a)
214	214	On [If a political subdivision has contracted with the department,
215	215	on] receiving the necessary information from a [the] political
216	216	subdivision that has contracted with the department under this
217	217	chapter, the department may deny renewal of a [the] person's
218	218	driver's license for failure to appear based on a complaint or
219	219	citation [or failure to pay or satisfy a judgment ordering the
220	220	payment of a fine and cost in the manner ordered by the court] in a
221	221	matter involving an offense described by Section 706.002(a) if the
222	222	court having jurisdiction over the underlying offense holds a
223	223	hearing on the denial of renewal of the person's driver's license
224	224	and:
225	225	(1) the person fails to appear at the hearing; or
226	226	(2) the court determines that denial of renewal of the
227	227	person's driver's license is appropriate.
228	228	(b) The information must include:
229	229	(1) the name, date of birth, and driver's license
230	230	number of the person;
231	231	(2) the nature and date of the alleged violation;
232	232	(3) a statement that the person failed to appear as
233	233	required by law [or failed to satisfy a judgment ordering the
234	234	payment of a fine and cost in the manner ordered by the court] in a
235	235	matter involving an offense described by Section 706.002(a); and
236	236	(4) any other information required by the department.
237	237	SECTION 15. Chapter 706, Transportation Code, is amended by
238	238	adding Section 706.0045 to read as follows:
239	239	Sec. 706.0045. PERIOD OF DENIAL OF RENEWAL OF DRIVER'S
240	240	LICENSE. Notwithstanding Section 706.004(a) or 706.006(c), the
241	241	department may deny renewal of a person's driver's license under
242	242	this chapter until the earlier of:
243	243	(1) the date the department receives a clearance
244	244	notice under Section 706.005; or
245	245	(2) the second anniversary of the date the person's
246	246	driver's license expired or otherwise became invalid.
247	247	SECTION 16. Section 706.005, Transportation Code, is
248	248	amended to read as follows:
249	249	Sec. 706.005. CLEARANCE NOTICE TO DEPARTMENT. (a) A
250	250	political subdivision shall immediately notify the department that
251	251	there is no cause to continue to deny renewal of a person's driver's
252	252	license based on the person's previous failure to appear [or
253	253	failure to pay or satisfy a judgment ordering the payment of a fine
254	254	and cost in the manner ordered by the court] in a matter involving
255	255	an offense described by Section 706.002(a), on payment of a fee as
256	256	provided by Section 706.006 and:
257	257	(1) the perfection of an appeal of the case for which
258	258	the warrant of arrest was issued [or judgment arose];
259	259	(2) [the dismissal of the charge for which the warrant
260	260	of arrest was issued or judgment arose, other than a dismissal with
261	261	prejudice by motion of the appropriate prosecuting attorney for
262	262	lack of evidence;
263	263	[(3) the posting of bond or the giving of other
264	264	security to reinstate the charge for which the warrant was issued;
265	265	[(4)] the payment or discharge of the fine and cost
266	266	owed on an outstanding judgment of the court; [or]
267	267	(3) the person's appearance in court with respect to
268	268	the underlying offense for which the person failed to appear; or
269	269	(4) any [(5)] other [suitable] arrangement to satisfy
270	270	[pay] the fine and cost, including through a payment plan or through
271	271	community service [within the court's discretion].
272	272	(b) The department may not continue to deny the renewal of
273	273	the person's driver's license under this chapter after the
274	274	department receives notice:
275	275	(1) under Subsection (a);
276	276	(2) that the person was acquitted of the charge on
277	277	which the person failed to appear;
278	278	(3) that the charge on which the person failed to
279	279	appear was dismissed [with prejudice by motion of the appropriate
280	280	prosecuting attorney for lack of evidence]; [or]
281	281	(4) that the person has posted bond or given other
282	282	security to reinstate the charge for which the warrant was issued;
283	283	or
284	284	(5) from the political subdivision that the failure to
285	285	appear report [or court order to pay a fine or cost] relating to the
286	286	person:
287	287	(A) was sent to the department in error; or
288	288	(B) has been destroyed in accordance with the
289	289	political subdivision's records retention policy.
290	290	SECTION 17. Section 706.006, Transportation Code, is
291	291	amended by amending Subsections (a), (a-1), and (d) and adding
292	292	Subsection (e) to read as follows:
293	293	(a) Except as provided by Subsection (d) and Section
294	294	706.0011, and subject to Subsection (e), a person who fails to
295	295	appear for a complaint or citation for an offense described by
296	296	Section 706.002(a) shall be required to pay an administrative fee
297	297	of $30 [for each complaint or citation reported to the department
298	298	under this chapter], unless:
299	299	(1) the person is acquitted of the charges for which
300	300	the person failed to appear;
301	301	(2) the charges on which the person failed to appear
302	302	were dismissed [with prejudice by motion of the appropriate
303	303	prosecuting attorney for lack of evidence];
304	304	(3) the person has posted bond or given other security
305	305	to reinstate the charge for which the warrant was issued;
306	306	(4) the failure to appear report was sent to the
307	307	department in error; or
308	308	(5) [(4)] the case regarding the complaint or citation
309	309	is closed and the failure to appear report has been destroyed in
310	310	accordance with the applicable political subdivision's records
311	311	retention policy.
312	312	(a-1) A person who is required to pay a fee under Subsection
313	313	(a) shall pay the fee when[:
314	314	[(1)] the court enters judgment on the underlying
315	315	offense reported to the department[;
316	316	[(2) the underlying offense is dismissed, other than a
317	317	dismissal described by Subsection (a)(2); or
318	318	[(3) bond or other security is posted to reinstate the
319	319	charge for which the warrant was issued].
320	320	(d) If the court having jurisdiction over the underlying
321	321	offense makes a finding that the person is indigent, the person may
322	322	not be required to pay an administrative fee under this section.
323	323	For purposes of this subsection, a person is presumed to be indigent
324	324	if the person:
325	325	(1) is required to attend school full time under
326	326	Section 25.085, Education Code;
327	327	(2) is a member of a household with a total annual
328	328	income that is below 125 percent of the applicable income level
329	329	established by the federal poverty guidelines; [or]
330	330	(3) receives assistance from:
331	331	(A) the financial assistance program established
332	332	under Chapter 31, Human Resources Code;
333	333	(B) the medical assistance program under Chapter
334	334	32, Human Resources Code;
335	335	(C) the supplemental nutrition assistance
336	336	program established under Chapter 33, Human Resources Code;
337	337	(D) the federal special supplemental nutrition
338	338	program for women, infants, and children authorized by 42 U.S.C.
339	339	Section 1786; or
340	340	(E) the child health plan program under Chapter
341	341	62, Health and Safety Code;
342	342	(4) is paying an existing fine or costs in specified
343	343	portions at designated intervals; or
344	344	(5) is performing community service to discharge all
345	345	or part of a fine or costs.
346	346	(e) The department may not require a person to pay more than
347	347	one administrative fee for each political subdivision that submits
348	348	information to the department under this chapter, regardless of the
349	349	number of complaints or citations reported by that political
350	350	subdivision or any subsequent reports that are submitted by that
351	351	political subdivision during that same period in which the person's
352	352	driver's license may not be renewed.
353	353	SECTION 18. Section 724.046, Transportation Code, is
354	354	amended by amending Subsection (b) and adding Subsection (b-1) to
355	355	read as follows:
356	356	(b) Notwithstanding Subsection (a), payment of a fee
357	357	imposed under that subsection is not required for reinstatement or
358	358	issuance of a license if:
359	359	(1) [If] a suspension or denial under this chapter is
360	360	rescinded by the department, an administrative law judge, or a
361	361	court; or
362	362	(2) the department waives the fee under Subsection
363	363	(b-1)[, payment of the fee under this section is not required for
364	364	reinstatement or issuance of a license].
365	365	(b-1) The department shall waive payment of a fee imposed
366	366	under this section if the department determines, based on evidence
367	367	received from the person or a court, that the person is indigent or
368	368	does not have sufficient resources or income to pay the fee.
369	369	SECTION 19. Sections 521.317, 521.457(f), and 706.006(b),
370	370	Transportation Code, are repealed.
371	371	SECTION 20. The change in law made by this Act to Sections
372	372	521.292 and 521.293, Transportation Code, applies only to a
373	373	determination to suspend a driver's license made by the Department
374	374	of Public Safety on or after the effective date of this Act. A
375	375	determination to suspend a driver's license made before the
376	376	effective date of this Act is governed by the law in effect when the
377	377	determination was made, and the former law is continued in effect
378	378	for that purpose.
379	379	SECTION 21. The change in law made by this Act to Section
380	380	521.457, Transportation Code, applies only to an offense committed
381	381	on or after the effective date of this Act. An offense committed
382	382	before the effective date of this Act is governed by the law in
383	383	effect on the date the offense was committed, and the former law is
384	384	continued in effect for that purpose. For purposes of this section,
385	385	an offense was committed before the effective date of this Act if
386	386	any element of the offense occurred before that date.
387	387	SECTION 22. Section 706.0045, Transportation Code, as added
388	388	by this Act, applies to a determination to deny renewal of a
389	389	driver's license that is made by the Department of Public Safety
390	390	before, on, or after the effective date of this Act.
391	391	SECTION 23. This Act takes effect September 1, 2019.