| 1 | 1 | | 86R9342 AJZ-F |
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| 2 | 2 | | By: Davis of Dallas H.B. No. 4292 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the waiver of certain surcharges assessed under the |
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| 8 | 8 | | driver responsibility program. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 708, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 708.160 to read as follows: |
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| 12 | 12 | | Sec. 708.160. WAIVER OF SURCHARGES FOR CERTAIN OFFENSES. |
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| 13 | 13 | | (a) A person who receives notice of a surcharge under Section |
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| 14 | 14 | | 708.151 as a result of one or more convictions may file a petition |
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| 15 | 15 | | with a convicting court for a waiver of the surcharge if: |
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| 16 | 16 | | (1) each offense that was the basis for the surcharge |
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| 17 | 17 | | was punishable by a fine only; and |
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| 18 | 18 | | (2) the petition includes: |
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| 19 | 19 | | (A) a copy of the person's driving record; |
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| 20 | 20 | | (B) a copy of the notice of surcharge received |
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| 21 | 21 | | under Section 708.151; |
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| 22 | 22 | | (C) evidence that the person is unable to pay the |
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| 23 | 23 | | surcharge; and |
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| 24 | 24 | | (D) any other supporting documentation that |
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| 25 | 25 | | would support a decision to grant the waiver. |
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| 26 | 26 | | (b) A court receiving a petition under this section shall |
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| 27 | 27 | | set a hearing not later than the 14th day after the date the court |
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| 28 | 28 | | receives the petition. The court shall notify the department of the |
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| 29 | 29 | | date of the hearing. At the hearing, the court may hear testimony |
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| 30 | 30 | | and consider: |
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| 31 | 31 | | (1) the petitioner's ability to pay the surcharge; |
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| 32 | 32 | | (2) the frequency of the underlying offenses; |
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| 33 | 33 | | (3) the time and length of any license suspension; and |
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| 34 | 34 | | (4) any other factors that would support a decision to |
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| 35 | 35 | | grant the waiver. |
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| 36 | 36 | | (c) The court may issue an order granting the waiver. The |
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| 37 | 37 | | court shall notify the department of an order entered under this |
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| 38 | 38 | | subsection. |
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| 39 | 39 | | (d) Not later than the 30th day after the date the |
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| 40 | 40 | | department receives a court order under Subsection (c), the |
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| 41 | 41 | | department shall waive the surcharges as required by the order. |
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| 42 | 42 | | SECTION 2. Section 708.160, Transportation Code, as added |
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| 43 | 43 | | by this Act, applies to any surcharge pending on the effective date |
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| 44 | 44 | | of this Act, regardless of whether the surcharge was imposed before |
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| 45 | 45 | | that date. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2019. |
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