Bill Text: TX HB104 | 2013-2014 | 83rd Legislature | Comm Sub


Bill Title: Relating to surcharges associated with and the enforcement of the driver responsibility program.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2013-04-26 - Committee report sent to Calendars [HB104 Detail]

Download: Texas-2013-HB104-Comm_Sub.html
  83R19622 JXC-D
 
  By: Gonzales, Burnam, Allen, H.B. No. 104
      Turner of Harris, Giddings
 
  Substitute the following for H.B. No. 104:
 
  By:  Pickett C.S.H.B. No. 104
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to surcharges associated with and the enforcement of the
  driver responsibility program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 708.002, Transportation Code, is amended
  to read as follows:
         Sec. 708.002.  RULES. The department shall adopt [and
  enforce] rules to implement [and enforce] this chapter.
         SECTION 2.  Sections 708.151(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  The department shall send notices as required by
  Subsection (b) to the holder of a driver's license when a surcharge
  is assessed on that license. Each notice must:
               (1)  be sent by first class mail to the person's most
  recent address as shown on the records of the department or to the
  person's most recent forwarding address on record with the United
  States Postal Service if it is different;
               (2)  specify the date by which the surcharge must be
  paid; and
               (3)  state the total dollar amount of the surcharge
  that must be paid, the number of monthly payments required under an
  installment payment plan, and the minimum monthly payment required
  for a person to enter and maintain an installment payment plan with
  the department[; and
               [(4) state the consequences of a failure to pay the
  surcharge].
         (c)  If on or before the 45th day after the date the first
  notice was sent the person fails to pay the amount of the surcharge
  or fails to enter into an installment payment agreement with the
  department, the department shall send a second notice. If on or
  before the 60th day after the date the second notice was sent the
  person fails to pay the amount of the surcharge or fails to enter
  into an installment payment agreement with the department, the
  department shall send a third notice [that advises the person that
  the person's driving privileges are suspended].
         SECTION 3.  Section 708.152, Transportation Code, is amended
  to read as follows:
         Sec. 708.152.  FAILURE TO PAY SURCHARGE. The department may
  not impose a penalty on a person who fails to pay the amount of a
  surcharge on the person's license. [(a) If on the 60th day after
  the date the department sends a second notice under Section 708.151
  the person fails to pay the amount of a surcharge on the person's
  license or fails to enter into an installment payment agreement
  with the department, the license of the person is automatically
  suspended.     A person's license may not be suspended under this
  section before the 105th day after the date the surcharge was
  assessed by the department.
         [(b)     A license suspended under this section remains
  suspended until the person pays the amount of the surcharge and any
  related costs.]
         SECTION 4.  Subchapter D, Chapter 708, Transportation Code,
  is amended by adding Section 708.160 to read as follows:
         Sec. 708.160.  MORATORIUM ON COLLECTION OF SURCHARGES. (a)
  Except as provided by Subsection (b), the department may not
  collect a surcharge described by this chapter on or after September
  1, 2013.
         (b)  The department may collect a surcharge described by this
  chapter on or after September 1, 2015, unless another source of
  revenue is dedicated to the designated trauma facility and
  emergency medical services account established under Section
  780.003, Health and Safety Code, that:
               (1)  is roughly equal to the amount of revenue
  dedicated to the account under this chapter; and
               (2)  was dedicated to the account on or after January 1,
  2013.
         SECTION 5.  Sections 708.154(b) and (c), Transportation
  Code, are repealed.
         SECTION 6.  This Act takes effect September 1, 2013.
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