Texas 2019 - 86th Regular

Texas House Bill HB550 Compare Versions

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

Old	New	Differences
1	1	86R2469 AJZ-D
2	2	By: Canales H.B. No. 550
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expiration 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. Subchapter C, Chapter 542, Transportation Code,
81	81	is amended by adding Section 542.304 to read as follows:
82	82	Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
83	83	The department by rule shall designate the offenses involving the
84	84	operation of a motor vehicle that constitute a moving violation of
85	85	the traffic law for the purposes of:
86	86	(1) Article 102.022(a), Code of Criminal Procedure;
87	87	(2) Section 1001.112(a-2), Education Code;
88	88	(3) Section 411.110(f), Government Code; and
89	89	(4) Sections 773.0614(b) and 773.06141(a), Health and
90	90	Safety Code.
91	91	(b) The rules must provide that for the purposes of the
92	92	provisions described in Subsection (a), moving violations:
93	93	(1) include:
94	94	(A) a violation of the traffic law of this state,
95	95	another state, or a political subdivision of this or another state;
96	96	and
97	97	(B) an offense under Section 545.412; and
98	98	(2) do not include:
99	99	(A) an offense committed before September 1,
100	100	2003;
101	101	(B) the offense of speeding when the person
102	102	convicted was at the time of the offense driving less than 10
103	103	percent faster than the posted speed limit, unless the person
104	104	committed the offense in a school crossing zone;
105	105	(C) an offense adjudicated under Article 45.051
106	106	or 45.0511, Code of Criminal Procedure; or
107	107	(D) an offense under Section 545.4251.
108	108	SECTION 7. Chapter 708, Transportation Code, is amended by
109	109	adding Subchapter E to read as follows:
110	110	SUBCHAPTER E. REDUCTION OF SURCHARGES; EXPIRATION
111	111	Sec. 708.201. REDUCTION OF SURCHARGES. Notwithstanding any
112	112	other provision of this chapter, the department shall reduce the
113	113	amount of a surcharge imposed under this chapter that is pending on
114	114	or after September 1, 2021, regardless of whether the surcharge was
115	115	imposed before that date, by 50 percent.
116	116	Sec. 708.202. EXPIRATION. This chapter expires September
117	117	1, 2023.
118	118	SECTION 8. Subtitle I, Title 7, Transportation Code, is
119	119	amended by adding Chapter 708A to read as follows:
120	120	CHAPTER 708A. LIMITED CONTINUATION OF DRIVER RESPONSIBILITY
121	121	PROGRAM
122	122	Sec. 708A.001. RULES. The Department of Public Safety
123	123	shall adopt and enforce rules to implement and enforce this
124	124	chapter.
125	125	Sec. 708A.002. LIMITED CONTINUATION OF DRIVER
126	126	RESPONSIBILITY PROGRAM. Beginning September 1, 2023, a surcharge
127	127	imposed under the former driver responsibility program under former
128	128	Chapter 708 is governed by the law in effect immediately before that
129	129	date, and that law is continued in effect for that purpose.
130	130	Sec. 708A.003. EXPIRATION. This chapter expires September
131	131	1, 2027.
132	132	SECTION 9. This Act takes effect September 1, 2019.