86R4705 AJZ-D By: Watson S.B. No. 274 A BILL TO BE ENTITLED AN ACT relating to the driver responsibility program; reducing the amounts of surcharges. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 542.4031(h), Transportation Code, is amended to read as follows: (h) Notwithstanding Subsection (g)(1), in any state fiscal year the comptroller shall deposit 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) [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 (e)(2) [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 2. Section 708.054, Transportation Code, is amended to read as follows: Sec. 708.054. AMOUNT OF POINTS SURCHARGE. The amount of a surcharge under this chapter is $50 [$100] for the first six points and $12.50 [$25] for each additional point. SECTION 3. Section 708.102(c), Transportation Code, is amended to read as follows: (c) The amount of a surcharge under this section is $500 [$1,000] per year, except that the amount of the surcharge is: (1) $750 [$1,500] per year for a second or subsequent conviction within a 36-month period; and (2) $1,000 [$2,000] for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.16 or more at the time the analysis was performed. SECTION 4. Section 708.103(b), Transportation Code, is amended to read as follows: (b) The [Except as provided by Subsection (c), the] amount of a surcharge under this section is $125 [$250] per year. SECTION 5. Section 708.104(b), Transportation Code, is amended to read as follows: (b) The [Except as provided by Subsection (b-1), the] amount of a surcharge under this section is $50 [$100] per year. SECTION 6. Section 780.002(b), Health and Safety Code, is amended to read as follows: (b) The comptroller shall deposit 99 [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. SECTION 7. The following laws are repealed: (1) Section 780.002(c), Health and Safety Code; and (2) Sections 708.103(c) and 708.104(b-1), Transportation Code. SECTION 8. The change in law made by this Act applies only to a surcharge assessed on or after the effective date of this Act, including a surcharge assessed for a conviction for an offense that occurred before the effective date of this Act. The state is not required to refund a surcharge collected before the effective date of this Act. SECTION 9. This Act takes effect September 1, 2019.