Texas 2019 - 86th Regular

Texas House Bill HB683 Compare Versions

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

Old	New	Differences
1	1	86R5665 AJZ-D
2	2	By: White H.B. No. 683
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	eliminating program surcharges.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 102.022(a), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(a) In this article, "moving violation" means an offense
13	13	that:
14	14	(1) involves the operation of a motor vehicle; and
15	15	(2) is classified as a moving violation by the
16	16	Department of Public Safety under Section 542.304 [708.052],
17	17	Transportation Code.
18	18	SECTION 2. Section 1001.112, Education Code, is amended by
19	19	amending Subsection (a-1) and adding Subsection (a-2) to read as
20	20	follows:
21	21	(a-1) The rules must provide that the student driver spend a
22	22	minimum number of hours in classroom and behind-the-wheel
23	23	instruction.
24	24	(a-2) The rules must provide [and] that the person
25	25	conducting the course:
26	26	(1) possess a valid license for the preceding three
27	27	years that has not been suspended, revoked, or forfeited in the past
28	28	three years for an offense that involves the operation of a motor
29	29	vehicle;
30	30	(2) has not been convicted of:
31	31	(A) criminally negligent homicide; or
32	32	(B) driving while intoxicated in the past seven
33	33	years; and
34	34	(3) has not been convicted during the preceding three
35	35	years of:
36	36	(A) three or more moving violations described by
37	37	Section 542.304, Transportation Code, including violations that
38	38	resulted in an accident; or
39	39	(B) two or more moving violations described by
40	40	Section 542.304, Transportation Code, that resulted in an accident
41	41	[does not have six or more points assigned to the person's driver's
42	42	license under Subchapter B, Chapter 708, Transportation Code, at
43	43	the time the person begins conducting the course].
44	44	SECTION 3. Section 411.110(f), Government Code, is amended
45	45	to read as follows:
46	46	(f) The Department of State Health Services may not consider
47	47	offenses described by [for which points are assessed under] Section
48	48	542.304 [708.052], Transportation Code, to determine whether to
49	49	hire or retain an employee or to contract with a person on whom
50	50	criminal history record information is obtained under this section.
51	51	SECTION 4. Section 773.0614(b), Health and Safety Code, is
52	52	amended to read as follows:
53	53	(b) For purposes of Subsection (a), the department may not
54	54	consider offenses described by [for which points are assessed
55	55	under] Section 542.304 [708.052], Transportation Code.
56	56	SECTION 5. Section 773.06141(a), Health and Safety Code,
57	57	is amended to read as follows:
58	58	(a) The department may suspend, revoke, or deny an emergency
59	59	medical services provider license on the grounds that the
60	60	provider's administrator of record, employee, or other
61	61	representative:
62	62	(1) has been convicted of, or placed on deferred
63	63	adjudication community supervision or deferred disposition for, an
64	64	offense that directly relates to the duties and responsibilities of
65	65	the administrator, employee, or representative, other than an
66	66	offense described by [for which points are assigned under] Section
67	67	542.304 [708.052], Transportation Code;
68	68	(2) has been convicted of or placed on deferred
69	69	adjudication community supervision or deferred disposition for an
70	70	offense, including:
71	71	(A) an offense listed in Article 42A.054(a)(2),
72	72	(3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
73	73	or
74	74	(B) an offense, other than an offense described
75	75	by Subdivision (1), for which the person is subject to registration
76	76	under Chapter 62, Code of Criminal Procedure; or
77	77	(3) has been convicted of Medicare or Medicaid fraud,
78	78	has been excluded from participation in the state Medicaid program,
79	79	or has a hold on payment for reimbursement under the state Medicaid
80	80	program under Subchapter C, Chapter 531, Government Code.
81	81	SECTION 6. Section 780.002, Health and Safety Code, is
82	82	amended to read as follows:
83	83	Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT. The comptroller
84	84	shall deposit any gifts, grants, donations, and legislative
85	85	appropriations made for the purposes of the designated trauma
86	86	facility and emergency medical services account established under
87	87	Section 780.003 to the credit of the account. [(a) On the first
88	88	Monday of each month, the Department of Public Safety shall remit
89	89	the surcharges collected during the previous month under the driver
90	90	responsibility program operated by that department under Chapter
91	91	708, Transportation Code, to the comptroller.
92	92	[(b) The comptroller shall deposit 49.5 percent of the money
93	93	received under Subsection (a) to the credit of the account
94	94	established under this chapter and 49.5 percent of the money to the
95	95	general revenue fund. The remaining one percent of the amount of
96	96	the surcharges shall be deposited to the general revenue fund and
97	97	may be appropriated only to the Department of Public Safety for
98	98	administration of the driver responsibility program operated by
99	99	that department under Chapter 708, Transportation Code.
100	100	[(c) Notwithstanding Subsection (b), in any state fiscal
101	101	year the comptroller shall deposit 49.5 percent of the surcharges
102	102	collected under Chapter 708, Transportation Code, to the credit of
103	103	the general revenue fund only until the total amount of the
104	104	surcharges deposited to the credit of the general revenue fund
105	105	under Subsection (b), and the state traffic fines deposited to the
106	106	credit of that fund under Section 542.4031(g)(1), Transportation
107	107	Code, equals $250 million for that year. If in any state fiscal
108	108	year the amount received by the comptroller under those laws for
109	109	deposit to the credit of the general revenue fund exceeds $250
110	110	million, the comptroller shall deposit the additional amount to the
111	111	credit of the Texas mobility fund.]
112	112	SECTION 7. Section 502.357(b), Transportation Code, is
113	113	amended to read as follows:
114	114	(b) Fees collected under this section shall be deposited to
115	115	the credit of the state highway fund except that the comptroller
116	116	shall provide for a portion of the fees to be deposited first to the
117	117	credit of a special fund in the state treasury outside the general
118	118	revenue fund to be known as the TexasSure Fund in a total amount
119	119	that is necessary to cover the total amount appropriated to the
120	120	Texas Department of Insurance from that fund and for the remaining
121	121	fees to be deposited to the state highway fund. Subject to
122	122	appropriations, the money deposited to the credit of the state
123	123	highway fund under this section may be used by the Department of
124	124	Public Safety to:
125	125	(1) support the Department of Public Safety's
126	126	reengineering of the driver's license system to provide for the
127	127	issuance by the Department of Public Safety of a driver's license or
128	128	personal identification certificate, to include use of image
129	129	comparison technology; and
130	130	(2) [establish and maintain a system to support the
131	131	driver responsibility program under Chapter 708; and
132	132	[(3)] make lease payments to the master lease purchase
133	133	program for the financing of the driver's license reengineering
134	134	project.
135	135	SECTION 8. Subchapter C, Chapter 542, Transportation Code,
136	136	is amended by adding Section 542.304 to read as follows:
137	137	Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
138	138	The department by rule shall designate the offenses involving the
139	139	operation of a motor vehicle that constitute a moving violation of
140	140	the traffic law for the purposes of:
141	141	(1) Article 102.022(a), Code of Criminal Procedure;
142	142	(2) Section 1001.112(a-2), Education Code;
143	143	(3) Section 411.110(f), Government Code; and
144	144	(4) Sections 773.0614(b) and 773.06141(a), Health and
145	145	Safety Code.
146	146	(b) The rules must provide that for the purposes of the
147	147	provisions described in Subsection (a), moving violations:
148	148	(1) include:
149	149	(A) a violation of the traffic law of this state,
150	150	another state, or a political subdivision of this or another state;
151	151	and
152	152	(B) an offense under Section 545.412; and
153	153	(2) do not include:
154	154	(A) an offense committed before September 1,
155	155	2003;
156	156	(B) the offense of speeding when the person
157	157	convicted was at the time of the offense driving less than 10
158	158	percent faster than the posted speed limit, unless the person
159	159	committed the offense in a school crossing zone;
160	160	(C) an offense adjudicated under Article 45.051
161	161	or 45.0511, Code of Criminal Procedure; or
162	162	(D) an offense under Section 545.4251.
163	163	SECTION 9. Section 542.4031(h), Transportation Code, is
164	164	amended to read as follows:
165	165	(h) Notwithstanding Subsection (g)(1), in any state fiscal
166	166	year the comptroller shall deposit 67 percent of the money received
167	167	under Subsection (e)(2) to the credit of the general revenue fund
168	168	only until the total amount of the money deposited to the credit of
169	169	the general revenue fund under Subsection (g)(1) [and Section
170	170	780.002(b), Health and Safety Code,] equals $250 million for that
171	171	year. If in any state fiscal year the amount received by the
172	172	comptroller under Subsection (e)(2) [those laws] for deposit to the
173	173	credit of the general revenue fund under Subsection (g)(1) exceeds
174	174	$250 million, the comptroller shall deposit the additional amount
175	175	to the credit of the Texas mobility fund.
176	176	SECTION 10. Section 601.233(a), Transportation Code, is
177	177	amended to read as follows:
178	178	(a) A citation for an offense under Section 601.191 issued
179	179	as a result of Section 601.053 must include, in type larger than
180	180	other type on the citation, [except for the type of the statement
181	181	required by Section 708.105,] the following statement:
182	182	"A second or subsequent conviction of an offense under the Texas
183	183	Motor Vehicle Safety Responsibility Act will result in the
184	184	suspension of your driver's license and motor vehicle registration
185	185	unless you file and maintain evidence of financial responsibility
186	186	with the Department of Public Safety for two years from the date of
187	187	conviction. The department may waive the requirement to file
188	188	evidence of financial responsibility if you file satisfactory
189	189	evidence with the department showing that at the time this citation
190	190	was issued, the vehicle was covered by a motor vehicle liability
191	191	insurance policy or that you were otherwise exempt from the
192	192	requirements to provide evidence of financial responsibility."
193	193	SECTION 11. Chapter 708, Transportation Code, is repealed.
194	194	SECTION 12. The repeal by this Act of Chapter 708,
195	195	Transportation Code, applies to any surcharge pending on the
196	196	effective date of this Act, regardless of whether the surcharge was
197	197	imposed before that date.
198	198	SECTION 13. This Act takes effect September 1, 2019.