Texas 2019 - 86th Regular

Texas Senate Bill SB918 Compare Versions

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

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1	1	86R9118 AJZ-D
2	2	By: Huffman S.B. No. 918
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; eliminating
9	9	program surcharges; authorizing and increasing criminal fines;
10	10	increasing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 102.022(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) In this article, "moving violation" means an offense
15	15	that:
16	16	(1) involves the operation of a motor vehicle; and
17	17	(2) is classified as a moving violation by the
18	18	Department of Public Safety under Section 542.304 [708.052],
19	19	Transportation Code.
20	20	SECTION 2. Section 1001.112, Education Code, is amended by
21	21	amending Subsection (a-1) and adding Subsection (a-2) to read as
22	22	follows:
23	23	(a-1) The rules must provide that the student driver spend a
24	24	minimum number of hours in classroom and behind-the-wheel
25	25	instruction.
26	26	(a-2) The rules must provide [and] that the person
27	27	conducting the course:
28	28	(1) possess a valid license for the preceding three
29	29	years that has not been suspended, revoked, or forfeited in the past
30	30	three years for an offense that involves the operation of a motor
31	31	vehicle;
32	32	(2) has not been convicted of:
33	33	(A) criminally negligent homicide; or
34	34	(B) driving while intoxicated in the past seven
35	35	years; and
36	36	(3) has not been convicted during the preceding three
37	37	years of:
38	38	(A) three or more moving violations described by
39	39	Section 542.304, Transportation Code, including violations that
40	40	resulted in an accident; or
41	41	(B) two or more moving violations described by
42	42	Section 542.304, Transportation Code, that resulted in an accident
43	43	[does not have six or more points assigned to the person's driver's
44	44	license under Subchapter B, Chapter 708, Transportation Code, at
45	45	the time the person begins conducting the course].
46	46	SECTION 3. Section 411.110(f), Government Code, is amended
47	47	to read as follows:
48	48	(f) The Department of State Health Services may not consider
49	49	offenses described by [for which points are assessed under] Section
50	50	542.304 [708.052], Transportation Code, to determine whether to
51	51	hire or retain an employee or to contract with a person on whom
52	52	criminal history record information is obtained under this section.
53	53	SECTION 4. Section 773.0614(b), Health and Safety Code, is
54	54	amended to read as follows:
55	55	(b) For purposes of Subsection (a), the department may not
56	56	consider offenses described by [for which points are assessed
57	57	under] Section 542.304 [708.052], Transportation Code.
58	58	SECTION 5. Section 773.06141(a), Health and Safety Code,
59	59	is amended to read as follows:
60	60	(a) The department may suspend, revoke, or deny an emergency
61	61	medical services provider license on the grounds that the
62	62	provider's administrator of record, employee, or other
63	63	representative:
64	64	(1) has been convicted of, or placed on deferred
65	65	adjudication community supervision or deferred disposition for, an
66	66	offense that directly relates to the duties and responsibilities of
67	67	the administrator, employee, or representative, other than an
68	68	offense described by [for which points are assigned under] Section
69	69	542.304 [708.052], Transportation Code;
70	70	(2) has been convicted of or placed on deferred
71	71	adjudication community supervision or deferred disposition for an
72	72	offense, including:
73	73	(A) an offense listed in Article 42A.054(a)(2),
74	74	(3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
75	75	or
76	76	(B) an offense, other than an offense described
77	77	by Subdivision (1), for which the person is subject to registration
78	78	under Chapter 62, Code of Criminal Procedure; or
79	79	(3) has been convicted of Medicare or Medicaid fraud,
80	80	has been excluded from participation in the state Medicaid program,
81	81	or has a hold on payment for reimbursement under the state Medicaid
82	82	program under Subchapter C, Chapter 531, Government Code.
83	83	SECTION 6. Section 780.002, Health and Safety Code, is
84	84	amended to read as follows:
85	85	Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT. The comptroller
86	86	shall deposit any gifts, grants, donations, and legislative
87	87	appropriations made for the purposes of the designated trauma
88	88	facility and emergency medical services account established under
89	89	Section 780.003 to the credit of the account. [(a) On the first
90	90	Monday of each month, the Department of Public Safety shall remit
91	91	the surcharges collected during the previous month under the driver
92	92	responsibility program operated by that department under Chapter
93	93	708, Transportation Code, to the comptroller.
94	94	[(b) The comptroller shall deposit 49.5 percent of the money
95	95	received under Subsection (a) to the credit of the account
96	96	established under this chapter and 49.5 percent of the money to the
97	97	general revenue fund. The remaining one percent of the amount of
98	98	the surcharges shall be deposited to the general revenue fund and
99	99	may be appropriated only to the Department of Public Safety for
100	100	administration of the driver responsibility program operated by
101	101	that department under Chapter 708, Transportation Code.
102	102	[(c) Notwithstanding Subsection (b), in any state fiscal
103	103	year the comptroller shall deposit 49.5 percent of the surcharges
104	104	collected under Chapter 708, Transportation Code, to the credit of
105	105	the general revenue fund only until the total amount of the
106	106	surcharges deposited to the credit of the general revenue fund
107	107	under Subsection (b), and the state traffic fines deposited to the
108	108	credit of that fund under Section 542.4031(g)(1), Transportation
109	109	Code, equals $250 million for that year. If in any state fiscal
110	110	year the amount received by the comptroller under those laws for
111	111	deposit to the credit of the general revenue fund exceeds $250
112	112	million, the comptroller shall deposit the additional amount to the
113	113	credit of the Texas mobility fund.]
114	114	SECTION 7. Section 780.003(b), Health and Safety Code, is
115	115	amended to read as follows:
116	116	(b) The account is composed of money deposited to the credit
117	117	of the account under Sections 542.4031, 542.406, [and] 707.008, and
118	118	709.002, Transportation Code, and under Section 780.002 of this
119	119	code.
120	120	SECTION 8. Sections 10(b) and (e), Article 4413(37),
121	121	Revised Statutes, are amended to read as follows:
122	122	(b) An insurer shall pay to the authority a fee equal to $4
123	123	[$2] multiplied by the total number of motor vehicle years of
124	124	insurance for insurance policies delivered, issued for delivery, or
125	125	renewed by the insurer. The fee shall be paid not later than:
126	126	(1) March 1 of each year for a policy issued,
127	127	delivered, or renewed from July 1 through December 31 of the
128	128	previous calendar year; and
129	129	(2) August 1 of each year for a policy issued,
130	130	delivered, or renewed from January 1 through June 30 of that year.
131	131	(e) Out of [Fifty percent of] each fee collected under
132	132	Subsection (b):
133	133	(1) 20 percent shall [may] be appropriated [only] to
134	134	the authority for the purposes of this article;
135	135	(2) 20 percent shall be deposited to the credit of the
136	136	general revenue fund; and
137	137	(3) 60 percent shall be deposited to the credit of the
138	138	designated trauma facility and emergency medical services account
139	139	under Section 780.003, Health and Safety Code.
140	140	SECTION 9. Section 502.357(b), Transportation Code, is
141	141	amended to read as follows:
142	142	(b) Fees collected under this section shall be deposited to
143	143	the credit of the state highway fund except that the comptroller
144	144	shall provide for a portion of the fees to be deposited first to the
145	145	credit of a special fund in the state treasury outside the general
146	146	revenue fund to be known as the TexasSure Fund in a total amount
147	147	that is necessary to cover the total amount appropriated to the
148	148	Texas Department of Insurance from that fund and for the remaining
149	149	fees to be deposited to the state highway fund. Subject to
150	150	appropriations, the money deposited to the credit of the state
151	151	highway fund under this section may be used by the Department of
152	152	Public Safety to:
153	153	(1) support the Department of Public Safety's
154	154	reengineering of the driver's license system to provide for the
155	155	issuance by the Department of Public Safety of a driver's license or
156	156	personal identification certificate, to include use of image
157	157	comparison technology; and
158	158	(2) [establish and maintain a system to support the
159	159	driver responsibility program under Chapter 708; and
160	160	[(3)] make lease payments to the master lease purchase
161	161	program for the financing of the driver's license reengineering
162	162	project.
163	163	SECTION 10. Subchapter C, Chapter 542, Transportation Code,
164	164	is amended by adding Section 542.304 to read as follows:
165	165	Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
166	166	The department by rule shall designate the offenses involving the
167	167	operation of a motor vehicle that constitute a moving violation of
168	168	the traffic law for the purposes of:
169	169	(1) Article 102.022(a), Code of Criminal Procedure;
170	170	(2) Section 1001.112(a-2), Education Code;
171	171	(3) Section 411.110(f), Government Code; and
172	172	(4) Sections 773.0614(b) and 773.06141(a), Health and
173	173	Safety Code.
174	174	(b) The rules must provide that for the purposes of the
175	175	provisions described in Subsection (a), moving violations:
176	176	(1) include:
177	177	(A) a violation of the traffic law of this state,
178	178	another state, or a political subdivision of this or another state;
179	179	and
180	180	(B) an offense under Section 545.412; and
181	181	(2) do not include:
182	182	(A) an offense committed before September 1,
183	183	2003;
184	184	(B) the offense of speeding when the person
185	185	convicted was at the time of the offense driving less than 10
186	186	percent faster than the posted speed limit, unless the person
187	187	committed the offense in a school crossing zone;
188	188	(C) an offense adjudicated under Article 45.051
189	189	or 45.0511, Code of Criminal Procedure; or
190	190	(D) an offense under Section 545.4251.
191	191	SECTION 11. Sections 542.4031(a), (f), (g), and (h),
192	192	Transportation Code, are amended to read as follows:
193	193	(a) In addition to the fine prescribed by Section 542.401 or
194	194	another section of this subtitle, as applicable, a person who
195	195	enters a plea of guilty or nolo contendere to or is convicted of an
196	196	offense under this subtitle shall pay $50 [$30] as a state traffic
197	197	fine. The person shall pay the state traffic fine when the person
198	198	enters the person's plea of guilty or nolo contendere, or on the
199	199	date of conviction, whichever is earlier. The state traffic fine
200	200	shall be paid regardless of whether:
201	201	(1) a sentence is imposed on the person;
202	202	(2) the court defers final disposition of the person's
203	203	case; or
204	204	(3) the person is placed on community supervision,
205	205	including deferred adjudication community supervision.
206	206	(f) A municipality or county may retain four [five] percent
207	207	of the money collected under this section as a service fee for the
208	208	collection if the municipality or county remits the funds to the
209	209	comptroller within the period prescribed in Subsection (e). The
210	210	municipality or county may retain any interest accrued on the money
211	211	if the custodian of the money deposited in the treasury keeps
212	212	records of the amount of money collected under this section that is
213	213	on deposit in the treasury and remits the funds to the comptroller
214	214	within the period prescribed in Subsection (e).
215	215	(g) Of the money received by the comptroller under this
216	216	section, the comptroller shall deposit:
217	217	(1) 70 [67] percent to the credit of the undedicated
218	218	portion of the general revenue fund; and
219	219	(2) 30 [33] percent to the credit of the designated
220	220	trauma facility and emergency medical services account under
221	221	Section 780.003, Health and Safety Code.
222	222	(h) Notwithstanding Subsection (g)(1), in any state fiscal
223	223	year the comptroller shall deposit 70 [67] percent of the money
224	224	received under Subsection (e)(2) to the credit of the general
225	225	revenue fund only until the total amount of the money deposited to
226	226	the credit of the general revenue fund under Subsection (g)(1) [and
227	227	Section 780.002(b), Health and Safety Code,] equals $250 million
228	228	for that year. If in any state fiscal year the amount received by
229	229	the comptroller under Subsection (e)(2) [those laws] for deposit to
230	230	the credit of the general revenue fund under Subsection (g)(1)
231	231	exceeds $250 million, the comptroller shall deposit the additional
232	232	amount to the credit of the Texas mobility fund.
233	233	SECTION 12. Section 601.233(a), Transportation Code, is
234	234	amended to read as follows:
235	235	(a) A citation for an offense under Section 601.191 issued
236	236	as a result of Section 601.053 must include, in type larger than
237	237	other type on the citation, [except for the type of the statement
238	238	required by Section 708.105,] the following statement:
239	239	"A second or subsequent conviction of an offense under the Texas
240	240	Motor Vehicle Safety Responsibility Act will result in the
241	241	suspension of your driver's license and motor vehicle registration
242	242	unless you file and maintain evidence of financial responsibility
243	243	with the Department of Public Safety for two years from the date of
244	244	conviction. The department may waive the requirement to file
245	245	evidence of financial responsibility if you file satisfactory
246	246	evidence with the department showing that at the time this citation
247	247	was issued, the vehicle was covered by a motor vehicle liability
248	248	insurance policy or that you were otherwise exempt from the
249	249	requirements to provide evidence of financial responsibility."
250	250	SECTION 13. Subtitle I, Title 7, Transportation Code, is
251	251	amended by adding Chapter 709 to read as follows:
252	252	CHAPTER 709. MISCELLANEOUS TRAFFIC FINES
253	253	Sec. 709.001. TRAFFIC FINE FOR CONVICTION OF CERTAIN
254	254	INTOXICATED DRIVER OFFENSES. (a) In this section, "offense
255	255	relating to the operating of a motor vehicle while intoxicated" has
256	256	the meaning assigned by Section 49.09, Penal Code.
257	257	(b) In addition to the fine prescribed for the specific
258	258	offense, a person who has been finally convicted of an offense
259	259	relating to the operating of a motor vehicle while intoxicated
260	260	shall pay a fine of:
261	261	(1) $3,000 for the first conviction within a 36-month
262	262	period;
263	263	(2) $4,500 for a second or subsequent conviction
264	264	within a 36-month period; and
265	265	(3) $6,000 for a first or subsequent conviction if it
266	266	is shown on the trial of the offense that an analysis of a specimen
267	267	of the person's blood, breath, or urine showed an alcohol
268	268	concentration level of 0.16 or more at the time the analysis was
269	269	performed.
270	270	Sec. 709.002. REMITTANCE OF TRAFFIC FINES COLLECTED TO
271	271	COMPTROLLER. (a) An officer collecting a traffic fine under
272	272	Section 709.001 in a case in a justice, county, or district court
273	273	shall keep separate records of the money collected and shall
274	274	deposit the money in the county treasury.
275	275	(b) Each calendar quarter, an officer collecting a traffic
276	276	fine under Section 709.001 shall submit a report to the
277	277	comptroller. The report must comply with Articles 103.005(c) and
278	278	(d), Code of Criminal Procedure.
279	279	(c) The custodian of money in a municipal or county treasury
280	280	may deposit money collected under Section 709.001 in an
281	281	interest-bearing account. The custodian shall:
282	282	(1) keep records of the amount of money collected
283	283	under this section that is on deposit in the treasury; and
284	284	(2) not later than the last day of the month following
285	285	each calendar quarter, remit to the comptroller money collected
286	286	under this section during the preceding quarter, as required by the
287	287	comptroller.
288	288	(d) A municipality or county may retain four percent of the
289	289	money collected under Section 709.001 as a service fee for the
290	290	collection if the county remits the funds to the comptroller within
291	291	the period described by Subsection (c). The municipality or county
292	292	may retain any interest accrued on the money if the custodian of the
293	293	money deposited in the treasury keeps records of the amount of money
294	294	collected under this section that is on deposit in the treasury and
295	295	remits the funds to the comptroller within the period prescribed in
296	296	Subsection (c).
297	297	(e) Of the money received by the comptroller under this
298	298	section, the comptroller shall deposit:
299	299	(1) 70 percent to the credit of the undedicated
300	300	portion of the general revenue fund; and
301	301	(2) 30 percent to the credit of the designated trauma
302	302	facility and emergency medical services account under Section
303	303	780.003, Health and Safety Code.
304	304	(f) Money collected under this section is subject to audit
305	305	by the comptroller. Money spent is subject to audit by the state
306	306	auditor.
307	307	SECTION 14. Chapter 708, Transportation Code, is repealed.
308	308	SECTION 15. (a) The repeal by this Act of Chapter 708,
309	309	Transportation Code, applies to any surcharge pending on the
310	310	effective date of this Act, regardless of whether the surcharge was
311	311	imposed before that date.
312	312	(b) The Department of Public Safety shall reinstate any
313	313	driver's license that is suspended under Section 708.152,
314	314	Transportation Code, as of the effective date of this Act if the
315	315	only reason the driver's license was suspended is a failure to pay a
316	316	surcharge under Chapter 708, Transportation Code.
317	317	SECTION 16. This Act takes effect September 1, 2019.