Texas 2019 - 86th Regular

Texas House Bill HB1458 Compare Versions

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

Old	New	Differences
1	1	86R1678 AJZ-D
2	2	By: Anderson H.B. No. 1458
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 and the
8	8	amount and allocation of state traffic fine funds; authorizing and
9	9	increasing criminal fines.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 102.022(a), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(a) In this article, "moving violation" means an offense
14	14	that:
15	15	(1) involves the operation of a motor vehicle; and
16	16	(2) is classified as a moving violation by the
17	17	Department of Public Safety under Section 542.304 [708.052],
18	18	Transportation Code.
19	19	SECTION 2. Section 1001.112, Education Code, is amended by
20	20	amending Subsection (a-1) and adding Subsection (a-2) to read as
21	21	follows:
22	22	(a-1) The rules must provide that the student driver spend a
23	23	minimum number of hours in classroom and behind-the-wheel
24	24	instruction.
25	25	(a-2) The rules must provide [and] that the person
26	26	conducting the course:
27	27	(1) possess a valid license for the preceding three
28	28	years that has not been suspended, revoked, or forfeited in the past
29	29	three years for an offense that involves the operation of a motor
30	30	vehicle;
31	31	(2) has not been convicted of:
32	32	(A) criminally negligent homicide; or
33	33	(B) driving while intoxicated in the past seven
34	34	years; and
35	35	(3) has not been convicted during the preceding three
36	36	years of:
37	37	(A) three or more moving violations described by
38	38	Section 542.304, Transportation Code, including violations that
39	39	resulted in an accident; or
40	40	(B) two or more moving violations described by
41	41	Section 542.304, Transportation Code, that resulted in an accident
42	42	[does not have six or more points assigned to the person's driver's
43	43	license under Subchapter B, Chapter 708, Transportation Code, at
44	44	the time the person begins conducting the course].
45	45	SECTION 3. Section 411.110(f), Government Code, is amended
46	46	to read as follows:
47	47	(f) The Department of State Health Services may not consider
48	48	offenses described by [for which points are assessed under] Section
49	49	542.304 [708.052], Transportation Code, to determine whether to
50	50	hire or retain an employee or to contract with a person on whom
51	51	criminal history record information is obtained under this section.
52	52	SECTION 4. Section 773.0614(b), Health and Safety Code, is
53	53	amended to read as follows:
54	54	(b) For purposes of Subsection (a), the department may not
55	55	consider offenses described by [for which points are assessed
56	56	under] Section 542.304 [708.052], Transportation Code.
57	57	SECTION 5. Section 773.06141(a), Health and Safety Code,
58	58	is amended to read as follows:
59	59	(a) The department may suspend, revoke, or deny an emergency
60	60	medical services provider license on the grounds that the
61	61	provider's administrator of record, employee, or other
62	62	representative:
63	63	(1) has been convicted of, or placed on deferred
64	64	adjudication community supervision or deferred disposition for, an
65	65	offense that directly relates to the duties and responsibilities of
66	66	the administrator, employee, or representative, other than an
67	67	offense described by [for which points are assigned under] Section
68	68	542.304 [708.052], Transportation Code;
69	69	(2) has been convicted of or placed on deferred
70	70	adjudication community supervision or deferred disposition for an
71	71	offense, including:
72	72	(A) an offense listed in Article 42A.054(a)(2),
73	73	(3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
74	74	or
75	75	(B) an offense, other than an offense described
76	76	by Subdivision (1), for which the person is subject to registration
77	77	under Chapter 62, Code of Criminal Procedure; or
78	78	(3) has been convicted of Medicare or Medicaid fraud,
79	79	has been excluded from participation in the state Medicaid program,
80	80	or has a hold on payment for reimbursement under the state Medicaid
81	81	program under Subchapter C, Chapter 531, Government Code.
82	82	SECTION 6. Section 780.002, Health and Safety Code, is
83	83	amended to read as follows:
84	84	Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT. The comptroller
85	85	shall deposit any gifts, grants, donations, and legislative
86	86	appropriations made for the purposes of the designated trauma
87	87	facility and emergency medical services account established under
88	88	Section 780.003 to the credit of the account. [(a) On the first
89	89	Monday of each month, the Department of Public Safety shall remit
90	90	the surcharges collected during the previous month under the driver
91	91	responsibility program operated by that department under Chapter
92	92	708, Transportation Code, to the comptroller.
93	93	[(b) The comptroller shall deposit 49.5 percent of the money
94	94	received under Subsection (a) to the credit of the account
95	95	established under this chapter and 49.5 percent of the money to the
96	96	general revenue fund. The remaining one percent of the amount of
97	97	the surcharges shall be deposited to the general revenue fund and
98	98	may be appropriated only to the Department of Public Safety for
99	99	administration of the driver responsibility program operated by
100	100	that department under Chapter 708, Transportation Code.
101	101	[(c) Notwithstanding Subsection (b), in any state fiscal
102	102	year the comptroller shall deposit 49.5 percent of the surcharges
103	103	collected under Chapter 708, Transportation Code, to the credit of
104	104	the general revenue fund only until the total amount of the
105	105	surcharges deposited to the credit of the general revenue fund
106	106	under Subsection (b), and the state traffic fines deposited to the
107	107	credit of that fund under Section 542.4031(g)(1), Transportation
108	108	Code, equals $250 million for that year. If in any state fiscal
109	109	year the amount received by the comptroller under those laws for
110	110	deposit to the credit of the general revenue fund exceeds $250
111	111	million, the comptroller shall deposit the additional amount to the
112	112	credit of the Texas mobility fund.]
113	113	SECTION 7. Section 780.003(b), Health and Safety Code, is
114	114	amended to read as follows:
115	115	(b) The account is composed of money deposited to the credit
116	116	of the account under Sections 542.4031, 542.406, [and] 707.008, and
117	117	709.003, Transportation Code, and under Section 780.002 of this
118	118	code.
119	119	SECTION 8. Section 502.357(b), Transportation Code, is
120	120	amended to read as follows:
121	121	(b) Fees collected under this section shall be deposited to
122	122	the credit of the state highway fund except that the comptroller
123	123	shall provide for a portion of the fees to be deposited first to the
124	124	credit of a special fund in the state treasury outside the general
125	125	revenue fund to be known as the TexasSure Fund in a total amount
126	126	that is necessary to cover the total amount appropriated to the
127	127	Texas Department of Insurance from that fund and for the remaining
128	128	fees to be deposited to the state highway fund. Subject to
129	129	appropriations, the money deposited to the credit of the state
130	130	highway fund under this section may be used by the Department of
131	131	Public Safety to:
132	132	(1) support the Department of Public Safety's
133	133	reengineering of the driver's license system to provide for the
134	134	issuance by the Department of Public Safety of a driver's license or
135	135	personal identification certificate, to include use of image
136	136	comparison technology; and
137	137	(2) [establish and maintain a system to support the
138	138	driver responsibility program under Chapter 708; and
139	139	[(3)] make lease payments to the master lease purchase
140	140	program for the financing of the driver's license reengineering
141	141	project.
142	142	SECTION 9. Subchapter C, Chapter 542, Transportation Code,
143	143	is amended by adding Section 542.304 to read as follows:
144	144	Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
145	145	The department by rule shall designate the offenses involving the
146	146	operation of a motor vehicle that constitute a moving violation of
147	147	the traffic law for the purposes of:
148	148	(1) Article 102.022(a), Code of Criminal Procedure;
149	149	(2) Section 1001.112(a-2), Education Code;
150	150	(3) Section 411.110(f), Government Code; and
151	151	(4) Sections 773.0614(b) and 773.06141(a), Health and
152	152	Safety Code.
153	153	(b) The rules must provide that for the purposes of the
154	154	provisions described in Subsection (a), moving violations:
155	155	(1) include:
156	156	(A) a violation of the traffic law of this state,
157	157	another state, or a political subdivision of this or another state;
158	158	and
159	159	(B) an offense under Section 545.412; and
160	160	(2) do not include:
161	161	(A) an offense committed before September 1,
162	162	2003;
163	163	(B) the offense of speeding when the person
164	164	convicted was at the time of the offense driving less than 10
165	165	percent faster than the posted speed limit, unless the person
166	166	committed the offense in a school crossing zone;
167	167	(C) an offense adjudicated under Article 45.051
168	168	or 45.0511, Code of Criminal Procedure; or
169	169	(D) an offense under Section 545.4251.
170	170	SECTION 10. Sections 542.4031(a), (f), (g), and (h),
171	171	Transportation Code, are amended to read as follows:
172	172	(a) In addition to the fine prescribed by Section 542.401 or
173	173	another section of this subtitle, as applicable, a person who
174	174	enters a plea of guilty or nolo contendere to or is convicted of an
175	175	offense under this subtitle shall pay $50 [$30] as a state traffic
176	176	fine. The person shall pay the state traffic fine when the person
177	177	enters the person's plea of guilty or nolo contendere, or on the
178	178	date of conviction, whichever is earlier. The state traffic fine
179	179	shall be paid regardless of whether:
180	180	(1) a sentence is imposed on the person;
181	181	(2) the court defers final disposition of the person's
182	182	case; or
183	183	(3) the person is placed on community supervision,
184	184	including deferred adjudication community supervision.
185	185	(f) A municipality or county may retain four [five] percent
186	186	of the money collected under this section as a service fee for the
187	187	collection if the municipality or county remits the funds to the
188	188	comptroller within the period prescribed in Subsection (e). The
189	189	municipality or county may retain any interest accrued on the money
190	190	if the custodian of the money deposited in the treasury keeps
191	191	records of the amount of money collected under this section that is
192	192	on deposit in the treasury and remits the funds to the comptroller
193	193	within the period prescribed in Subsection (e).
194	194	(g) Of the money received by the comptroller under this
195	195	section, the comptroller shall deposit:
196	196	(1) 50 [67] percent to the credit of the undedicated
197	197	portion of the general revenue fund; and
198	198	(2) 50 [33] percent to the credit of the designated
199	199	trauma facility and emergency medical services account under
200	200	Section 780.003, Health and Safety Code.
201	201	(h) Notwithstanding Subsection (g)(1), in any state fiscal
202	202	year the comptroller shall deposit 50 [67] percent of the money
203	203	received under Subsection (e)(2) to the credit of the general
204	204	revenue fund only until the total amount of the money deposited to
205	205	the credit of the general revenue fund under Subsection (g)(1) [and
206	206	Section 780.002(b), Health and Safety Code,] equals $250 million
207	207	for that year. If in any state fiscal year the amount received by
208	208	the comptroller under Subsection (g)(1) [those laws] for deposit to
209	209	the credit of the general revenue fund exceeds $250 million, the
210	210	comptroller shall deposit the additional amount to the credit of
211	211	the Texas mobility fund.
212	212	SECTION 11. Section 601.233(a), Transportation Code, is
213	213	amended to read as follows:
214	214	(a) A citation for an offense under Section 601.191 issued
215	215	as a result of Section 601.053 must include, in type larger than
216	216	other type on the citation, [except for the type of the statement
217	217	required by Section 708.105,] the following statement:
218	218	"A second or subsequent conviction of an offense under the Texas
219	219	Motor Vehicle Safety Responsibility Act will result in the
220	220	suspension of your driver's license and motor vehicle registration
221	221	unless you file and maintain evidence of financial responsibility
222	222	with the Department of Public Safety for two years from the date of
223	223	conviction. The department may waive the requirement to file
224	224	evidence of financial responsibility if you file satisfactory
225	225	evidence with the department showing that at the time this citation
226	226	was issued, the vehicle was covered by a motor vehicle liability
227	227	insurance policy or that you were otherwise exempt from the
228	228	requirements to provide evidence of financial responsibility."
229	229	SECTION 12. Subtitle I, Title 7, Transportation Code, is
230	230	amended by adding Chapter 709 to read as follows:
231	231	CHAPTER 709. MISCELLANEOUS TRAFFIC FINES
232	232	Sec. 709.001. TRAFFIC FINE FOR CONVICTION OF CERTAIN
233	233	INTOXICATED DRIVER OFFENSES. (a) In this section, "offense
234	234	relating to the operating of a motor vehicle while intoxicated" has
235	235	the meaning assigned by Section 49.09, Penal Code.
236	236	(b) In addition to the fine prescribed for the specific
237	237	offense, a person who has been finally convicted of an offense
238	238	relating to the operating of a motor vehicle while intoxicated
239	239	shall pay a fine of:
240	240	(1) $3,000 for the first conviction within a 36-month
241	241	period;
242	242	(2) $4,500 for a second or subsequent conviction
243	243	within a 36-month period; and
244	244	(3) $6,000 for a first or subsequent conviction if it
245	245	is shown on the trial of the offense that an analysis of a specimen
246	246	of the person's blood, breath, or urine showed an alcohol
247	247	concentration level of 0.16 or more at the time the analysis was
248	248	performed.
249	249	Sec. 709.002. TRAFFIC FINE FOR CONVICTION OF DRIVING
250	250	WITHOUT FINANCIAL RESPONSIBILITY. (a) In addition to the fine
251	251	prescribed under Section 601.191 and except as provided by
252	252	Subsection (b), a person who has been convicted of an offense under
253	253	Section 601.191 shall pay a fine of $750.
254	254	(b) The amount of a fine under this section is $125 if the
255	255	person establishes financial responsibility under Section 601.051
256	256	not later than the 60th day after the date of the offense through a
257	257	motor vehicle liability insurance policy that:
258	258	(1) complies with Subchapter D, Chapter 601; and
259	259	(2) is prepaid and valid for at least a six-month
260	260	period.
261	261	Sec. 709.003. REMITTANCE OF TRAFFIC FINES COLLECTED TO
262	262	COMPTROLLER. (a) An officer collecting a traffic fine under
263	263	Section 709.002 in a case in municipal court shall keep separate
264	264	records of the money collected and shall deposit the money in the
265	265	municipal treasury.
266	266	(b) An officer collecting a traffic fine under Section
267	267	709.001 or 709.002 in a case in a justice, county, or district court
268	268	shall keep separate records of the money collected and shall
269	269	deposit the money in the county treasury.
270	270	(c) Each calendar quarter, an officer collecting a traffic
271	271	fine under Section 709.001 or 709.002 shall submit a report to the
272	272	comptroller. The report must comply with Articles 103.005(c) and
273	273	(d), Code of Criminal Procedure.
274	274	(d) The custodian of money in a municipal or county treasury
275	275	may deposit money collected under Sections 709.001 and 709.002 in
276	276	an interest-bearing account. The custodian shall:
277	277	(1) keep records of the amount of money collected
278	278	under this section that is on deposit in the treasury; and
279	279	(2) not later than the last day of the month following
280	280	each calendar quarter, remit to the comptroller money collected
281	281	under this section during the preceding quarter, as required by the
282	282	comptroller.
283	283	(e) A municipality or county may retain four percent of the
284	284	money collected under Sections 709.001 and 709.002 as a service fee
285	285	for the collection if the county remits the funds to the comptroller
286	286	within the period described by Subsection (d). The municipality or
287	287	county may retain any interest accrued on the money if the custodian
288	288	of the money deposited in the treasury keeps records of the amount
289	289	of money collected under this section that is on deposit in the
290	290	treasury and remits the funds to the comptroller within the period
291	291	prescribed in Subsection (d).
292	292	(f) Of the money received by the comptroller under this
293	293	section, the comptroller shall deposit:
294	294	(1) 50 percent to the credit of the undedicated
295	295	portion of the general revenue fund; and
296	296	(2) 50 percent to the credit of the designated trauma
297	297	facility and emergency medical services account under Section
298	298	780.003, Health and Safety Code.
299	299	(g) Money collected under this section is subject to audit
300	300	by the comptroller. Money spent is subject to audit by the state
301	301	auditor.
302	302	SECTION 13. Chapter 708, Transportation Code, is repealed.
303	303	SECTION 14. The repeal by this Act of Chapter 708,
304	304	Transportation Code, applies to any surcharge pending on the
305	305	effective date of this Act, regardless of whether the surcharge was
306	306	imposed before that date.
307	307	SECTION 15. This Act takes effect September 1, 2019.