Bill Text: TX HB1810 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the repeal of the driver responsibility program and to the replacement of the revenue derived from the driver responsibility program through an increase in the tax on cigarettes.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2011-03-22 - Left pending in committee [HB1810 Detail]

Download: Texas-2011-HB1810-Introduced.html

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82R8617 ACP/CJC-D
By: Burnam H.B. No. 1810

A BILL TO BE ENTITLED
AN ACT
relating to the repeal of the driver responsibility program and to
the replacement of the revenue derived from the driver
responsibility program through an increase in the tax on
cigarettes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.022, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (j) 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 this section [Section 708.052,
Transportation Code].
(j) The Department of Public Safety by rule shall designate
the offenses that constitute a moving violation of the traffic law
under this section.
SECTION 2. Section 780.002, Health and Safety Code, is
amended to read as follows:
Sec. 780.002. DEPOSITS TO ACCOUNT. The comptroller shall
deposit any gifts, grants, donations, and legislative
appropriations made for that purpose to the credit of the
designated trauma facility and emergency medical services account
established under Section 780.003. [(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 3. Section 154.021(b), Tax Code, is amended to read
as follows:
(b) The tax rates are:
(1) $76.50 [$70.50] per thousand on cigarettes
weighing three pounds or less per thousand; and
(2) the rate provided by Subdivision (1) plus $2.10
per thousand on cigarettes weighing more than three pounds per
thousand.
SECTION 4. Section 154.6035, Tax Code, is amended to read as
follows:
Sec. 154.6035. ALLOCATION OF CERTAIN REVENUE [TO PROPERTY
TAX RELIEF FUND]. (a) Notwithstanding Section 154.603, all
proceeds from the collection of taxes imposed by this chapter
attributable to the portion of the tax rate in excess of $20.50 per
thousand on cigarettes, but not exceeding $70.50 per thousand,
regardless of weight, shall be deposited to the credit of the
property tax relief fund under Section 403.109, Government Code.
(b) Notwithstanding Section 154.603, all proceeds from the
collection of taxes attributable to the portion of the tax rate in
excess of $70.50 per thousand on cigarettes, regardless of weight,
shall be deposited as follows:
(1) 50 percent to the credit of the designated trauma
facility and emergency medical services account in the general
revenue fund; and
(2) the remainder to the credit of the general revenue
fund.
SECTION 5. Section 521.205(a), Transportation Code, is
amended to read as follows:
(a) The department by rule shall provide for approval of a
driver education course conducted by the parent, stepparent, foster
parent, legal guardian, step-grandparent, or grandparent of a
person who is required to complete a driver education course to
obtain a Class C license. The rules must provide that:
(1) the person conducting the course 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) the student driver spend a minimum number of hours
in:
(A) classroom instruction; and
(B) behind-the-wheel instruction;
(3) the person conducting the course not be convicted
of:
(A) criminally negligent homicide; or
(B) driving while intoxicated; and
(4) the person conducting the course not be disabled
because of mental illness[; and
[(5) the person conducting the course not have six or
more points assigned to the person's driver's license under
Subchapter B, Chapter 708, at the time the person begins conducting
the course].
SECTION 6. 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 (g)(1) [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 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 8. The following laws are repealed:
(1) Section 1001.257, Education Code;
(2) Section 411.110(f), Government Code;
(3) Section 773.0614(b), Health and Safety Code; and
(4) Chapter 708, Transportation Code.
SECTION 9. Notwithstanding the repeal by this Act of
Chapter 708, Transportation Code, a surcharge imposed under former
Chapter 708 of that code before the effective date of this Act is
governed by the applicable law in effect before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 10. This Act takes effect September 1, 2011.