86R822 AJZ-D
By: Miles, Hall S.B. No. 191
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of the driver responsibility program and the
amount and allocation of state traffic fine funds; temporarily
increasing a criminal fine.
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. Section 780.002, Health and Safety Code, is
amended to read as follows:
Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT. The comptroller
shall deposit any gifts, grants, donations, and legislative
appropriations made for the purposes of the designated trauma
facility and emergency medical services account established under
Section 780.003 to the credit of the account. [(a) On the first
Monday of each month, the Department of Public Safety shall remit
the surcharges collected during the previous month under the driver
responsibility program operated by that department under Chapter
708, Transportation Code, to the comptroller.
[(b) The comptroller shall deposit 49.5 percent of the money
received under Subsection (a) to the credit of the account
established under this chapter and 49.5 percent of the money to the
general revenue fund. The remaining one percent of the amount of
the surcharges shall be deposited to the general revenue fund and
may be appropriated only to the Department of Public Safety for
administration of the driver responsibility program operated by
that department under Chapter 708, Transportation Code.
[(c) Notwithstanding Subsection (b), in any state fiscal
year the comptroller shall deposit 49.5 percent of the surcharges
collected under Chapter 708, Transportation Code, to the credit of
the general revenue fund only until the total amount of the
surcharges deposited to the credit of the general revenue fund
under Subsection (b), and the state traffic fines deposited to the
credit of that fund under Section 542.4031(g)(1), Transportation
Code, equals $250 million for that year. If in any state fiscal
year the amount received by the comptroller under those laws for
deposit to the credit of the general revenue fund exceeds $250
million, the comptroller shall deposit the additional amount to the
credit of the Texas mobility fund.]
SECTION 7. Section 502.357(b), Transportation Code, is
amended to read as follows:
(b) Fees collected under this section shall be deposited to
the credit of the state highway fund except that the comptroller
shall provide for a portion of the fees to be deposited first to the
credit of a special fund in the state treasury outside the general
revenue fund to be known as the TexasSure Fund in a total amount
that is necessary to cover the total amount appropriated to the
Texas Department of Insurance from that fund and for the remaining
fees to be deposited to the state highway fund. Subject to
appropriations, the money deposited to the credit of the state
highway fund under this section may be used by the Department of
Public Safety to:
(1) support the Department of Public Safety's
reengineering of the driver's license system to provide for the
issuance by the Department of Public Safety of a driver's license or
personal identification certificate, to include use of image
comparison technology; and
(2) [establish and maintain a system to support the
driver responsibility program under Chapter 708; and
[(3)] make lease payments to the master lease purchase
program for the financing of the driver's license reengineering
project.
SECTION 8. 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 9. Section 542.4031, Transportation Code, is
amended by amending Subsections (a), (g), and (h) and adding
Subsections (a-1) and (j) to read as follows:
(a) In addition to the fine prescribed by Section 542.401 or
another section of this subtitle, as applicable, a person who
enters a plea of guilty or nolo contendere to or is convicted of an
offense under this subtitle shall pay:
(1) $50 [$30] as a state traffic fine, if the person
enters the plea or is convicted of the offense before September 1,
2022; or
(2) $40 as a state traffic fine, if the person enters
the plea or is convicted of the offense on or after September 1,
2022.
(a-1) The person shall pay the state traffic fine when the
person enters the person's plea of guilty or nolo contendere, or on
the date of conviction, whichever is earlier. The state traffic
fine shall be paid regardless of whether:
(1) a sentence is imposed on the person;
(2) the court defers final disposition of the person's
case; or
(3) the person is placed on community supervision,
including deferred adjudication community supervision.
(g) Of the money received by the comptroller under this
section:
(1) before September 1, 2022, the comptroller shall
deposit:
(A) 50 [(1) 67] percent to the credit of the
undedicated portion of the general revenue fund; and
(B) 50 [(2) 33] percent to the credit of the
designated trauma facility and emergency medical services account
under Section 780.003, Health and Safety Code; and
(2) on or after September 1, 2022, the comptroller
shall deposit 100 percent to the credit of the designated trauma
facility and emergency medical services account under Section
780.003, Health and Safety Code.
(h) Notwithstanding Subsection (g)(1)(A) [(g)(1)], in any
state fiscal year the comptroller shall deposit 50 [67] percent of
the money received under Subsection (e)(2) to the credit of the
general revenue fund only until the total amount of the money
deposited to the credit of the general revenue fund under
Subsection (g)(1)(A) [(g)(1) and Section 780.002(b), Health and
Safety Code,] equals $250 million for that year. If in any state
fiscal year the amount received by the comptroller under Subsection
(g)(1)(A) [those laws] for deposit to the credit of the general
revenue fund exceeds $250 million, the comptroller shall deposit
the additional amount to the credit of the Texas mobility fund. This
subsection expires September 1, 2022.
(j) This section expires September 1, 2025.
SECTION 10. Section 601.233(a), Transportation Code, is
amended to read as follows:
(a) A citation for an offense under Section 601.191 issued
as a result of Section 601.053 must include, in type larger than
other type on the citation, [except for the type of the statement
required by Section 708.105,] the following statement:
"A second or subsequent conviction of an offense under the Texas
Motor Vehicle Safety Responsibility Act will result in the
suspension of your driver's license and motor vehicle registration
unless you file and maintain evidence of financial responsibility
with the Department of Public Safety for two years from the date of
conviction. The department may waive the requirement to file
evidence of financial responsibility if you file satisfactory
evidence with the department showing that at the time this citation
was issued, the vehicle was covered by a motor vehicle liability
insurance policy or that you were otherwise exempt from the
requirements to provide evidence of financial responsibility."
SECTION 11. Chapter 708, Transportation Code, is repealed.
SECTION 12. The repeal by this Act of Chapter 708,
Transportation Code, applies to any surcharge pending on the
effective date of this Act, regardless of whether the surcharge was
imposed before that date.
SECTION 13. This Act takes effect September 1, 2019.