Texas 2019 - 86th Regular

Texas House Bill HB2415 Compare Versions

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

Old	New	Differences
1	1	86R4660 AJZ-D
2	2	By: Darby H.B. No. 2415
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	amending Subsection (a-1) and adding Subsection (a-2) to read as
19	19	follows:
20	20	(a-1) The rules must provide that the student driver spend a
21	21	minimum number of hours in classroom and behind-the-wheel
22	22	instruction.
23	23	(a-2) The rules must provide [and] that the person
24	24	conducting the course:
25	25	(1) possess a valid license for the preceding three
26	26	years that has not been suspended, revoked, or forfeited in the past
27	27	three years for an offense that involves the operation of a motor
28	28	vehicle;
29	29	(2) has not been convicted of:
30	30	(A) criminally negligent homicide; or
31	31	(B) driving while intoxicated in the past seven
32	32	years; and
33	33	(3) has not been convicted during the preceding three
34	34	years of:
35	35	(A) three or more moving violations described by
36	36	Section 542.304, Transportation Code, including violations that
37	37	resulted in an accident; or
38	38	(B) two or more moving violations described by
39	39	Section 542.304, Transportation Code, that resulted in an accident
40	40	[does not have six or more points assigned to the person's driver's
41	41	license under Subchapter B, Chapter 708, Transportation Code, at
42	42	the time the person begins conducting the course].
43	43	SECTION 3. Section 411.110(f), Government Code, is amended
44	44	to read as follows:
45	45	(f) The Department of State Health Services may not consider
46	46	offenses described by [for which points are assessed under] Section
47	47	542.304 [708.052], Transportation Code, to determine whether to
48	48	hire or retain an employee or to contract with a person on whom
49	49	criminal history record information is obtained under this section.
50	50	SECTION 4. Section 773.0614(b), Health and Safety Code, is
51	51	amended to read as follows:
52	52	(b) For purposes of Subsection (a), the department may not
53	53	consider offenses described by [for which points are assessed
54	54	under] Section 542.304 [708.052], Transportation Code.
55	55	SECTION 5. Section 773.06141(a), Health and Safety Code,
56	56	is amended to read as follows:
57	57	(a) The department may suspend, revoke, or deny an emergency
58	58	medical services provider license on the grounds that the
59	59	provider's administrator of record, employee, or other
60	60	representative:
61	61	(1) has been convicted of, or placed on deferred
62	62	adjudication community supervision or deferred disposition for, an
63	63	offense that directly relates to the duties and responsibilities of
64	64	the administrator, employee, or representative, other than an
65	65	offense described by [for which points are assigned under] Section
66	66	542.304 [708.052], Transportation Code;
67	67	(2) has been convicted of or placed on deferred
68	68	adjudication community supervision or deferred disposition for an
69	69	offense, including:
70	70	(A) an offense listed in Article 42A.054(a)(2),
71	71	(3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
72	72	or
73	73	(B) an offense, other than an offense described
74	74	by Subdivision (1), for which the person is subject to registration
75	75	under Chapter 62, Code of Criminal Procedure; or
76	76	(3) has been convicted of Medicare or Medicaid fraud,
77	77	has been excluded from participation in the state Medicaid program,
78	78	or has a hold on payment for reimbursement under the state Medicaid
79	79	program under Subchapter C, Chapter 531, Government Code.
80	80	SECTION 6. Section 780.002, Health and Safety Code, is
81	81	amended to read as follows:
82	82	Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT. The comptroller
83	83	shall deposit any gifts, grants, donations, and legislative
84	84	appropriations made for the purposes of the designated trauma
85	85	facility and emergency medical services account established under
86	86	Section 780.003 to the credit of the account. [(a) On the first
87	87	Monday of each month, the Department of Public Safety shall remit
88	88	the surcharges collected during the previous month under the driver
89	89	responsibility program operated by that department under Chapter
90	90	708, Transportation Code, to the comptroller.
91	91	[(b) The comptroller shall deposit 49.5 percent of the money
92	92	received under Subsection (a) to the credit of the account
93	93	established under this chapter and 49.5 percent of the money to the
94	94	general revenue fund. The remaining one percent of the amount of
95	95	the surcharges shall be deposited to the general revenue fund and
96	96	may be appropriated only to the Department of Public Safety for
97	97	administration of the driver responsibility program operated by
98	98	that department under Chapter 708, Transportation Code.
99	99	[(c) Notwithstanding Subsection (b), in any state fiscal
100	100	year the comptroller shall deposit 49.5 percent of the surcharges
101	101	collected under Chapter 708, Transportation Code, to the credit of
102	102	the general revenue fund only until the total amount of the
103	103	surcharges deposited to the credit of the general revenue fund
104	104	under Subsection (b), and the state traffic fines deposited to the
105	105	credit of that fund under Section 542.4031(g)(1), Transportation
106	106	Code, equals $250 million for that year. If in any state fiscal
107	107	year the amount received by the comptroller under those laws for
108	108	deposit to the credit of the general revenue fund exceeds $250
109	109	million, the comptroller shall deposit the additional amount to the
110	110	credit of the Texas mobility fund.]
111	111	SECTION 7. Section 502.357(b), Transportation Code, is
112	112	amended to read as follows:
113	113	(b) Fees collected under this section shall be deposited to
114	114	the credit of the state highway fund except that the comptroller
115	115	shall provide for a portion of the fees to be deposited first to the
116	116	credit of a special fund in the state treasury outside the general
117	117	revenue fund to be known as the TexasSure Fund in a total amount
118	118	that is necessary to cover the total amount appropriated to the
119	119	Texas Department of Insurance from that fund and for the remaining
120	120	fees to be deposited to the state highway fund. Subject to
121	121	appropriations, the money deposited to the credit of the state
122	122	highway fund under this section may be used by the Department of
123	123	Public Safety to:
124	124	(1) support the Department of Public Safety's
125	125	reengineering of the driver's license system to provide for the
126	126	issuance by the Department of Public Safety of a driver's license or
127	127	personal identification certificate, to include use of image
128	128	comparison technology; and
129	129	(2) [establish and maintain a system to support the
130	130	driver responsibility program under Chapter 708; and
131	131	[(3)] make lease payments to the master lease purchase
132	132	program for the financing of the driver's license reengineering
133	133	project.
134	134	SECTION 8. Subchapter C, Chapter 542, Transportation Code,
135	135	is amended by adding Section 542.304 to read as follows:
136	136	Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
137	137	The department by rule shall designate the offenses involving the
138	138	operation of a motor vehicle that constitute a moving violation of
139	139	the traffic law for the purposes of:
140	140	(1) Article 102.022(a), Code of Criminal Procedure;
141	141	(2) Section 1001.112(a-2), Education Code;
142	142	(3) Section 411.110(f), Government Code; and
143	143	(4) Sections 773.0614(b) and 773.06141(a), Health and
144	144	Safety Code.
145	145	(b) The rules must provide that for the purposes of the
146	146	provisions described in Subsection (a), moving violations:
147	147	(1) include:
148	148	(A) a violation of the traffic law of this state,
149	149	another state, or a political subdivision of this or another state;
150	150	and
151	151	(B) an offense under Section 545.412; and
152	152	(2) do not include:
153	153	(A) an offense committed before September 1,
154	154	2003;
155	155	(B) the offense of speeding when the person
156	156	convicted was at the time of the offense driving less than 10
157	157	percent faster than the posted speed limit, unless the person
158	158	committed the offense in a school crossing zone;
159	159	(C) an offense adjudicated under Article 45.051
160	160	or 45.0511, Code of Criminal Procedure; or
161	161	(D) an offense under Section 545.4251.
162	162	SECTION 9. Section 542.4031(h), Transportation Code, is
163	163	amended to read as follows:
164	164	(h) Notwithstanding Subsection (g)(1), in any state fiscal
165	165	year the comptroller shall deposit 67 percent of the money received
166	166	under Subsection (e)(2) to the credit of the general revenue fund
167	167	only until the total amount of the money deposited to the credit of
168	168	the general revenue fund under Subsection (g)(1) [and Section
169	169	780.002(b), Health and Safety Code,] equals $250 million for that
170	170	year. If in any state fiscal year the amount received by the
171	171	comptroller under Subsection (e)(2) [those laws] for deposit to the
172	172	credit of the general revenue fund under Subsection (g)(1) exceeds
173	173	$250 million, the comptroller shall deposit the additional amount
174	174	to the credit of the Texas mobility fund.
175	175	SECTION 10. Section 601.233(a), Transportation Code, is
176	176	amended to read as follows:
177	177	(a) A citation for an offense under Section 601.191 issued
178	178	as a result of Section 601.053 must include, in type larger than
179	179	other type on the citation, [except for the type of the statement
180	180	required by Section 708.105,] the following statement:
181	181	"A second or subsequent conviction of an offense under the Texas
182	182	Motor Vehicle Safety Responsibility Act will result in the
183	183	suspension of your driver's license and motor vehicle registration
184	184	unless you file and maintain evidence of financial responsibility
185	185	with the Department of Public Safety for two years from the date of
186	186	conviction. The department may waive the requirement to file
187	187	evidence of financial responsibility if you file satisfactory
188	188	evidence with the department showing that at the time this citation
189	189	was issued, the vehicle was covered by a motor vehicle liability
190	190	insurance policy or that you were otherwise exempt from the
191	191	requirements to provide evidence of financial responsibility."
192	192	SECTION 11. Chapter 708, Transportation Code, is repealed.
193	193	SECTION 12. The repeal by this Act of Chapter 708,
194	194	Transportation Code, and the changes in law made by this Act to
195	195	Section 780.002, Health and Safety Code, and Section 542.4031,
196	196	Transportation Code, do not apply to a surcharge pending on the
197	197	effective date of this Act. A surcharge imposed under the driver
198	198	responsibility program before the effective date of this Act is
199	199	governed by the law in effect immediately before that date, and that
200	200	law is continued in effect for that purpose.
201	201	SECTION 13. (a) The Legislative Budget Board shall
202	202	evaluate options for providing continued funding to the designated
203	203	trauma facility and emergency medical services account after the
204	204	termination of the driver responsibility program and develop policy
205	205	recommendations based on the Legislative Budget Board's findings.
206	206	(b) Not later than November 1, 2020, the Legislative Budget
207	207	Board shall provide the recommendations developed under Subsection
208	208	(a) of this section to the governor, the lieutenant governor, the
209	209	speaker of the house of representatives, and each standing
210	210	committee of the legislature with jurisdiction over the designated
211	211	trauma facility and emergency medical services account. The
212	212	standing committees shall review the recommendations of the
213	213	Legislative Budget Board and provide to the legislature
214	214	recommendations for the continued funding of the designated trauma
215	215	facility and emergency medical services account.
216	216	SECTION 14. This Act takes effect immediately if it
217	217	receives a vote of two-thirds of all the members elected to each
218	218	house, as provided by Section 39, Article III, Texas Constitution.
219	219	If this Act does not receive the vote necessary for immediate
220	220	effect, this Act takes effect September 1, 2019.