Texas 2019 - 86th Regular

Texas Senate Bill SB191 Compare Versions

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

Old	New	Differences
1	1	86R822 AJZ-D
2	2	By: Miles, Hall S.B. No. 191
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 and the
8	8	amount and allocation of state traffic fine funds; temporarily
9	9	increasing a criminal fine.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 102.022(a), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(a) In this article, "moving violation" means an offense
14	14	that:
15	15	(1) involves the operation of a motor vehicle; and
16	16	(2) is classified as a moving violation by the
17	17	Department of Public Safety under Section 542.304 [708.052],
18	18	Transportation Code.
19	19	SECTION 2. Section 1001.112, Education Code, is amended by
20	20	amending Subsection (a-1) and adding Subsection (a-2) to read as
21	21	follows:
22	22	(a-1) The rules must provide that the student driver spend a
23	23	minimum number of hours in classroom and behind-the-wheel
24	24	instruction.
25	25	(a-2) The rules must provide [and] that the person
26	26	conducting the course:
27	27	(1) possess a valid license for the preceding three
28	28	years that has not been suspended, revoked, or forfeited in the past
29	29	three years for an offense that involves the operation of a motor
30	30	vehicle;
31	31	(2) has not been convicted of:
32	32	(A) criminally negligent homicide; or
33	33	(B) driving while intoxicated in the past seven
34	34	years; and
35	35	(3) has not been convicted during the preceding three
36	36	years of:
37	37	(A) three or more moving violations described by
38	38	Section 542.304, Transportation Code, including violations that
39	39	resulted in an accident; or
40	40	(B) two or more moving violations described by
41	41	Section 542.304, Transportation Code, that resulted in an accident
42	42	[does not have six or more points assigned to the person's driver's
43	43	license under Subchapter B, Chapter 708, Transportation Code, at
44	44	the time the person begins conducting the course].
45	45	SECTION 3. Section 411.110(f), Government Code, is amended
46	46	to read as follows:
47	47	(f) The Department of State Health Services may not consider
48	48	offenses described by [for which points are assessed under] Section
49	49	542.304 [708.052], Transportation Code, to determine whether to
50	50	hire or retain an employee or to contract with a person on whom
51	51	criminal history record information is obtained under this section.
52	52	SECTION 4. Section 773.0614(b), Health and Safety Code, is
53	53	amended to read as follows:
54	54	(b) For purposes of Subsection (a), the department may not
55	55	consider offenses described by [for which points are assessed
56	56	under] Section 542.304 [708.052], Transportation Code.
57	57	SECTION 5. Section 773.06141(a), Health and Safety Code,
58	58	is amended to read as follows:
59	59	(a) The department may suspend, revoke, or deny an emergency
60	60	medical services provider license on the grounds that the
61	61	provider's administrator of record, employee, or other
62	62	representative:
63	63	(1) has been convicted of, or placed on deferred
64	64	adjudication community supervision or deferred disposition for, an
65	65	offense that directly relates to the duties and responsibilities of
66	66	the administrator, employee, or representative, other than an
67	67	offense described by [for which points are assigned under] Section
68	68	542.304 [708.052], Transportation Code;
69	69	(2) has been convicted of or placed on deferred
70	70	adjudication community supervision or deferred disposition for an
71	71	offense, including:
72	72	(A) an offense listed in Article 42A.054(a)(2),
73	73	(3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
74	74	or
75	75	(B) an offense, other than an offense described
76	76	by Subdivision (1), for which the person is subject to registration
77	77	under Chapter 62, Code of Criminal Procedure; or
78	78	(3) has been convicted of Medicare or Medicaid fraud,
79	79	has been excluded from participation in the state Medicaid program,
80	80	or has a hold on payment for reimbursement under the state Medicaid
81	81	program under Subchapter C, Chapter 531, Government Code.
82	82	SECTION 6. Section 780.002, Health and Safety Code, is
83	83	amended to read as follows:
84	84	Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT. The comptroller
85	85	shall deposit any gifts, grants, donations, and legislative
86	86	appropriations made for the purposes of the designated trauma
87	87	facility and emergency medical services account established under
88	88	Section 780.003 to the credit of the account. [(a) On the first
89	89	Monday of each month, the Department of Public Safety shall remit
90	90	the surcharges collected during the previous month under the driver
91	91	responsibility program operated by that department under Chapter
92	92	708, Transportation Code, to the comptroller.
93	93	[(b) The comptroller shall deposit 49.5 percent of the money
94	94	received under Subsection (a) to the credit of the account
95	95	established under this chapter and 49.5 percent of the money to the
96	96	general revenue fund. The remaining one percent of the amount of
97	97	the surcharges shall be deposited to the general revenue fund and
98	98	may be appropriated only to the Department of Public Safety for
99	99	administration of the driver responsibility program operated by
100	100	that department under Chapter 708, Transportation Code.
101	101	[(c) Notwithstanding Subsection (b), in any state fiscal
102	102	year the comptroller shall deposit 49.5 percent of the surcharges
103	103	collected under Chapter 708, Transportation Code, to the credit of
104	104	the general revenue fund only until the total amount of the
105	105	surcharges deposited to the credit of the general revenue fund
106	106	under Subsection (b), and the state traffic fines deposited to the
107	107	credit of that fund under Section 542.4031(g)(1), Transportation
108	108	Code, equals $250 million for that year. If in any state fiscal
109	109	year the amount received by the comptroller under those laws for
110	110	deposit to the credit of the general revenue fund exceeds $250
111	111	million, the comptroller shall deposit the additional amount to the
112	112	credit of the Texas mobility fund.]
113	113	SECTION 7. Section 502.357(b), Transportation Code, is
114	114	amended to read as follows:
115	115	(b) Fees collected under this section shall be deposited to
116	116	the credit of the state highway fund except that the comptroller
117	117	shall provide for a portion of the fees to be deposited first to the
118	118	credit of a special fund in the state treasury outside the general
119	119	revenue fund to be known as the TexasSure Fund in a total amount
120	120	that is necessary to cover the total amount appropriated to the
121	121	Texas Department of Insurance from that fund and for the remaining
122	122	fees to be deposited to the state highway fund. Subject to
123	123	appropriations, the money deposited to the credit of the state
124	124	highway fund under this section may be used by the Department of
125	125	Public Safety to:
126	126	(1) support the Department of Public Safety's
127	127	reengineering of the driver's license system to provide for the
128	128	issuance by the Department of Public Safety of a driver's license or
129	129	personal identification certificate, to include use of image
130	130	comparison technology; and
131	131	(2) [establish and maintain a system to support the
132	132	driver responsibility program under Chapter 708; and
133	133	[(3)] make lease payments to the master lease purchase
134	134	program for the financing of the driver's license reengineering
135	135	project.
136	136	SECTION 8. Subchapter C, Chapter 542, Transportation Code,
137	137	is amended by adding Section 542.304 to read as follows:
138	138	Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
139	139	The department by rule shall designate the offenses involving the
140	140	operation of a motor vehicle that constitute a moving violation of
141	141	the traffic law for the purposes of:
142	142	(1) Article 102.022(a), Code of Criminal Procedure;
143	143	(2) Section 1001.112(a-2), Education Code;
144	144	(3) Section 411.110(f), Government Code; and
145	145	(4) Sections 773.0614(b) and 773.06141(a), Health and
146	146	Safety Code.
147	147	(b) The rules must provide that for the purposes of the
148	148	provisions described in Subsection (a), moving violations:
149	149	(1) include:
150	150	(A) a violation of the traffic law of this state,
151	151	another state, or a political subdivision of this or another state;
152	152	and
153	153	(B) an offense under Section 545.412; and
154	154	(2) do not include:
155	155	(A) an offense committed before September 1,
156	156	2003;
157	157	(B) the offense of speeding when the person
158	158	convicted was at the time of the offense driving less than 10
159	159	percent faster than the posted speed limit, unless the person
160	160	committed the offense in a school crossing zone;
161	161	(C) an offense adjudicated under Article 45.051
162	162	or 45.0511, Code of Criminal Procedure; or
163	163	(D) an offense under Section 545.4251.
164	164	SECTION 9. Section 542.4031, Transportation Code, is
165	165	amended by amending Subsections (a), (g), and (h) and adding
166	166	Subsections (a-1) and (j) to read as follows:
167	167	(a) In addition to the fine prescribed by Section 542.401 or
168	168	another section of this subtitle, as applicable, a person who
169	169	enters a plea of guilty or nolo contendere to or is convicted of an
170	170	offense under this subtitle shall pay:
171	171	(1) $50 [$30] as a state traffic fine, if the person
172	172	enters the plea or is convicted of the offense before September 1,
173	173	2022; or
174	174	(2) $40 as a state traffic fine, if the person enters
175	175	the plea or is convicted of the offense on or after September 1,
176	176	2022.
177	177	(a-1) The person shall pay the state traffic fine when the
178	178	person enters the person's plea of guilty or nolo contendere, or on
179	179	the date of conviction, whichever is earlier. The state traffic
180	180	fine shall be paid regardless of whether:
181	181	(1) a sentence is imposed on the person;
182	182	(2) the court defers final disposition of the person's
183	183	case; or
184	184	(3) the person is placed on community supervision,
185	185	including deferred adjudication community supervision.
186	186	(g) Of the money received by the comptroller under this
187	187	section:
188	188	(1) before September 1, 2022, the comptroller shall
189	189	deposit:
190	190	(A) 50 [(1) 67] percent to the credit of the
191	191	undedicated portion of the general revenue fund; and
192	192	(B) 50 [(2) 33] percent to the credit of the
193	193	designated trauma facility and emergency medical services account
194	194	under Section 780.003, Health and Safety Code; and
195	195	(2) on or after September 1, 2022, the comptroller
196	196	shall deposit 100 percent to the credit of the designated trauma
197	197	facility and emergency medical services account under Section
198	198	780.003, Health and Safety Code.
199	199	(h) Notwithstanding Subsection (g)(1)(A) [(g)(1)], in any
200	200	state fiscal year the comptroller shall deposit 50 [67] percent of
201	201	the money received under Subsection (e)(2) to the credit of the
202	202	general revenue fund only until the total amount of the money
203	203	deposited to the credit of the general revenue fund under
204	204	Subsection (g)(1)(A) [(g)(1) and Section 780.002(b), Health and
205	205	Safety Code,] equals $250 million for that year. If in any state
206	206	fiscal year the amount received by the comptroller under Subsection
207	207	(g)(1)(A) [those laws] for deposit to the credit of the general
208	208	revenue fund exceeds $250 million, the comptroller shall deposit
209	209	the additional amount to the credit of the Texas mobility fund. This
210	210	subsection expires September 1, 2022.
211	211	(j) This section expires September 1, 2025.
212	212	SECTION 10. Section 601.233(a), Transportation Code, is
213	213	amended to read as follows:
214	214	(a) A citation for an offense under Section 601.191 issued
215	215	as a result of Section 601.053 must include, in type larger than
216	216	other type on the citation, [except for the type of the statement
217	217	required by Section 708.105,] the following statement:
218	218	"A second or subsequent conviction of an offense under the Texas
219	219	Motor Vehicle Safety Responsibility Act will result in the
220	220	suspension of your driver's license and motor vehicle registration
221	221	unless you file and maintain evidence of financial responsibility
222	222	with the Department of Public Safety for two years from the date of
223	223	conviction. The department may waive the requirement to file
224	224	evidence of financial responsibility if you file satisfactory
225	225	evidence with the department showing that at the time this citation
226	226	was issued, the vehicle was covered by a motor vehicle liability
227	227	insurance policy or that you were otherwise exempt from the
228	228	requirements to provide evidence of financial responsibility."
229	229	SECTION 11. Chapter 708, Transportation Code, is repealed.
230	230	SECTION 12. The repeal by this Act of Chapter 708,
231	231	Transportation Code, applies to any surcharge pending on the
232	232	effective date of this Act, regardless of whether the surcharge was
233	233	imposed before that date.
234	234	SECTION 13. This Act takes effect September 1, 2019.