86R9342 AJZ-F
By: Davis of Dallas H.B. No. 4292
A BILL TO BE ENTITLED
AN ACT
relating to the waiver of certain surcharges assessed under the
driver responsibility program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 708, Transportation Code,
is amended by adding Section 708.160 to read as follows:
Sec. 708.160. WAIVER OF SURCHARGES FOR CERTAIN OFFENSES.
(a) A person who receives notice of a surcharge under Section
708.151 as a result of one or more convictions may file a petition
with a convicting court for a waiver of the surcharge if:
(1) each offense that was the basis for the surcharge
was punishable by a fine only; and
(2) the petition includes:
(A) a copy of the person's driving record;
(B) a copy of the notice of surcharge received
under Section 708.151;
(C) evidence that the person is unable to pay the
surcharge; and
(D) any other supporting documentation that
would support a decision to grant the waiver.
(b) A court receiving a petition under this section shall
set a hearing not later than the 14th day after the date the court
receives the petition. The court shall notify the department of the
date of the hearing. At the hearing, the court may hear testimony
and consider:
(1) the petitioner's ability to pay the surcharge;
(2) the frequency of the underlying offenses;
(3) the time and length of any license suspension; and
(4) any other factors that would support a decision to
grant the waiver.
(c) The court may issue an order granting the waiver. The
court shall notify the department of an order entered under this
subsection.
(d) Not later than the 30th day after the date the
department receives a court order under Subsection (c), the
department shall waive the surcharges as required by the order.
SECTION 2. Section 708.160, Transportation Code, as added
by this Act, applies to any surcharge pending on the effective date
of this Act, regardless of whether the surcharge was imposed before
that date.
SECTION 3. This Act takes effect September 1, 2019.