86R2469 AJZ-D
By: Canales H.B. No. 550
A BILL TO BE ENTITLED
AN ACT
relating to the expiration of the driver responsibility program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.022(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In this article, "moving violation" means an offense
that:
(1) involves the operation of a motor vehicle; and
(2) is classified as a moving violation by the
Department of Public Safety under Section 542.304 [708.052],
Transportation Code.
SECTION 2. Section 1001.112, Education Code, is amended by
amending Subsection (a-1) and adding Subsection (a-2) to read as
follows:
(a-1) The rules must provide that the student driver spend a
minimum number of hours in classroom and behind-the-wheel
instruction.
(a-2) The rules must provide [and] that the person
conducting the course:
(1) possess a valid license for the preceding three
years that has not been suspended, revoked, or forfeited in the past
three years for an offense that involves the operation of a motor
vehicle;
(2) has not been convicted of:
(A) criminally negligent homicide; or
(B) driving while intoxicated in the past seven
years; and
(3) has not been convicted during the preceding three
years of:
(A) three or more moving violations described by
Section 542.304, Transportation Code, including violations that
resulted in an accident; or
(B) two or more moving violations described by
Section 542.304, Transportation Code, that resulted in an accident
[does not have six or more points assigned to the person's driver's
license under Subchapter B, Chapter 708, Transportation Code, at
the time the person begins conducting the course].
SECTION 3. Section 411.110(f), Government Code, is amended
to read as follows:
(f) The Department of State Health Services may not consider
offenses described by [for which points are assessed under] Section
542.304 [708.052], Transportation Code, to determine whether to
hire or retain an employee or to contract with a person on whom
criminal history record information is obtained under this section.
SECTION 4. Section 773.0614(b), Health and Safety Code, is
amended to read as follows:
(b) For purposes of Subsection (a), the department may not
consider offenses described by [for which points are assessed
under] Section 542.304 [708.052], Transportation Code.
SECTION 5. Section 773.06141(a), Health and Safety Code,
is amended to read as follows:
(a) The department may suspend, revoke, or deny an emergency
medical services provider license on the grounds that the
provider's administrator of record, employee, or other
representative:
(1) has been convicted of, or placed on deferred
adjudication community supervision or deferred disposition for, an
offense that directly relates to the duties and responsibilities of
the administrator, employee, or representative, other than an
offense described by [for which points are assigned under] Section
542.304 [708.052], Transportation Code;
(2) has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for an
offense, including:
(A) an offense listed in Article 42A.054(a)(2),
(3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
or
(B) an offense, other than an offense described
by Subdivision (1), for which the person is subject to registration
under Chapter 62, Code of Criminal Procedure; or
(3) has been convicted of Medicare or Medicaid fraud,
has been excluded from participation in the state Medicaid program,
or has a hold on payment for reimbursement under the state Medicaid
program under Subchapter C, Chapter 531, Government Code.
SECTION 6. Subchapter C, Chapter 542, Transportation Code,
is amended by adding Section 542.304 to read as follows:
Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
The department by rule shall designate the offenses involving the
operation of a motor vehicle that constitute a moving violation of
the traffic law for the purposes of:
(1) Article 102.022(a), Code of Criminal Procedure;
(2) Section 1001.112(a-2), Education Code;
(3) Section 411.110(f), Government Code; and
(4) Sections 773.0614(b) and 773.06141(a), Health and
Safety Code.
(b) The rules must provide that for the purposes of the
provisions described in Subsection (a), moving violations:
(1) include:
(A) a violation of the traffic law of this state,
another state, or a political subdivision of this or another state;
and
(B) an offense under Section 545.412; and
(2) do not include:
(A) an offense committed before September 1,
2003;
(B) the offense of speeding when the person
convicted was at the time of the offense driving less than 10
percent faster than the posted speed limit, unless the person
committed the offense in a school crossing zone;
(C) an offense adjudicated under Article 45.051
or 45.0511, Code of Criminal Procedure; or
(D) an offense under Section 545.4251.
SECTION 7. Chapter 708, Transportation Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. REDUCTION OF SURCHARGES; EXPIRATION
Sec. 708.201. REDUCTION OF SURCHARGES. Notwithstanding any
other provision of this chapter, the department shall reduce the
amount of a surcharge imposed under this chapter that is pending on
or after September 1, 2021, regardless of whether the surcharge was
imposed before that date, by 50 percent.
Sec. 708.202. EXPIRATION. This chapter expires September
1, 2023.
SECTION 8. Subtitle I, Title 7, Transportation Code, is
amended by adding Chapter 708A to read as follows:
CHAPTER 708A. LIMITED CONTINUATION OF DRIVER RESPONSIBILITY
PROGRAM
Sec. 708A.001. RULES. The Department of Public Safety
shall adopt and enforce rules to implement and enforce this
chapter.
Sec. 708A.002. LIMITED CONTINUATION OF DRIVER
RESPONSIBILITY PROGRAM. Beginning September 1, 2023, a surcharge
imposed under the former driver responsibility program under former
Chapter 708 is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
Sec. 708A.003. EXPIRATION. This chapter expires September
1, 2027.
SECTION 9. This Act takes effect September 1, 2019.