Bill Text: TX HB2671 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to penalties for certain criminal offenses regarding operating a motor vehicle; imposing a fee and changing a surcharge.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2015-05-12 - Placed on General State Calendar [HB2671 Detail]
Download: Texas-2015-HB2671-Comm_Sub.html
84R26624 AJZ-F | |||
By: Thompson of Harris, Phillips, Pickett | H.B. No. 2671 | ||
Substitute the following for H.B. No. 2671: | |||
By: Phillips | C.S.H.B. No. 2671 |
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relating to penalties for certain criminal offenses regarding | ||
operating a motor vehicle; imposing a fee and changing a surcharge. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 521, Transportation Code, | ||
is amended by adding Section 521.0265 to read as follows: | ||
Sec. 521.0265. DISMISSAL OF DRIVING WITHOUT REQUIRED | ||
LICENSE CHARGE. (a) A judge may dismiss a charge of operating a | ||
motor vehicle without a driver's license under Section 521.021 if | ||
the defendant obtains a driver's license not later than the 60th | ||
working day after the date of the offense. | ||
(b) The judge shall assess the defendant an administrative | ||
fee not to exceed $50 when a charge is dismissed under Subsection | ||
(a). | ||
(c) This section does not apply to a charge of driving | ||
without a commercial driver's license under Section 522.011. | ||
SECTION 2. Section 521.343(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) Except as otherwise provided by Section 521.457(h), if | ||
[ |
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while the license to operate a motor vehicle is cancelled, | ||
disqualified, suspended, revoked, or denied, the period is extended | ||
for the same term as the original suspension or disqualification, | ||
in addition to any penalty assessed under this chapter or Chapter | ||
522. | ||
SECTION 3. Section 521.457, Transportation Code, is amended | ||
by adding Subsection (h) to read as follows: | ||
(h) The department may not extend the period a person's | ||
driver's license is suspended, as provided by Section 521.343, for | ||
a conviction of an offense described by Subsection (a)(2) if: | ||
(1) the person has not been convicted of an offense | ||
under this section in the 36-month period before the date of the | ||
current offense; and | ||
(2) at the time of the current offense the person's | ||
license was suspended under Section 708.152. | ||
SECTION 4. Subchapter G, Chapter 601, Transportation Code, | ||
is amended by adding Section 601.192 to read as follows: | ||
Sec. 601.192. DISMISSAL OF CHARGE OF OPERATION OF MOTOR | ||
VEHICLE IN VIOLATION OF MOTOR VEHICLE LIABILITY INSURANCE | ||
REQUIREMENT. (a) A judge may dismiss a charge under Section | ||
601.191 for a defendant who cannot establish financial | ||
responsibility on the date of the offense if the defendant | ||
establishes financial responsibility under Section 601.051 not | ||
later than the 20th working day after the date of the offense. | ||
(b) If the defendant establishes financial responsibility | ||
under Subsection (a) through a motor vehicle liability insurance | ||
policy that complies with Subchapter D, the policy must be prepaid | ||
and valid for at least a six-month period. | ||
(c) The judge shall assess the defendant an administrative | ||
fee not to exceed $50 when a charge is dismissed under Subsection | ||
(a). | ||
SECTION 5. Section 708.055, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 708.055. NOTICE OF ASSIGNMENT OF FIFTH POINT. The | ||
department shall notify the holder of a driver's license of the | ||
assignment of a fifth point on that license by first class mail sent | ||
to the person's most recent address as shown on the records of the | ||
department or records obtained by the department from another | ||
entity or service. | ||
SECTION 6. Sections 708.102(b), (c), and (d), | ||
Transportation Code, are amended to read as follows: | ||
(b) The [ |
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on the license of a [ |
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offense relating to the operating of a motor vehicle while | ||
intoxicated. | ||
(c) The amount of a surcharge under this section is: | ||
(1) $3,000 for the first conviction; | ||
(2) $4,500 [ |
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[ |
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conviction within a 36-month period; or | ||
(3) $6,000 [ |
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[ |
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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. | ||
(d) A surcharge under this section [ |
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may not be assessed more than once for the same conviction [ |
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SECTION 7. Section 708.103, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 708.103. SURCHARGE FOR CONVICTION OF DRIVING WHILE | ||
LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. (a) The | ||
[ |
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of each person who is [ |
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(1) Section [ |
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(2) Section 521.457, if the defendant has been | ||
previously convicted one or more times of an offense under that | ||
section. | ||
(b) The amount of a surcharge under this section is $650 | ||
[ |
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SECTION 8. Section 708.104, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 708.104. SURCHARGE FOR CONVICTION OF DRIVING WITHOUT | ||
REQUIRED [ |
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assess a surcharge on the license of a person who is [ |
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Section 521.021. | ||
(b) The amount of a surcharge under this section is $300 | ||
[ |
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(c) A surcharge under this section [ |
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may not be assessed more than once for the same conviction [ |
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SECTION 9. Section 708.105, Transportation Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) The court shall notify a defendant charged with an | ||
offense under a traffic law of this state or a political subdivision | ||
of this state, in writing, at the time of the defendant's first | ||
court appearance or as soon as possible on or after the date the | ||
defendant pays a fine associated with the offense, whichever is | ||
earlier, that a conviction may result in the assessment of a | ||
surcharge under the driver responsibility program. The written | ||
notification must include the statement described by Subsection | ||
(a). | ||
SECTION 10. Section 708.106, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 708.106. DEFERRAL OF SURCHARGES FOR DEPLOYED MILITARY | ||
PERSONNEL. The department by rule shall establish a deferral | ||
program for surcharges assessed under Section 708.103 or 708.104 | ||
against a person who is a member of the United States armed forces | ||
on active duty deployed outside of the continental United States. | ||
The program must: | ||
(1) toll the surcharge payment [ |
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the person is deployed; and | ||
(2) defer assessment of surcharges against the person | ||
until the date the person is no longer deployed for an offense | ||
committed: | ||
(A) before the person was deployed; or | ||
(B) while the person is deployed. | ||
SECTION 11. Section 708.151(a), Transportation Code, is | ||
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: | ||
(A) the person's most recent address as shown on | ||
the records of the department or records obtained by the department | ||
from another entity or service; or | ||
(B) [ |
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address on record with the United States Postal Service if it is | ||
different; | ||
(2) specify the date by which the surcharge must be | ||
paid; | ||
(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. | ||
SECTION 12. Section 708.153, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 708.153. INSTALLMENT PAYMENT OF SURCHARGE. (a) The | ||
department by rule shall provide for the payment of any [ |
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surcharge assessed under this chapter in installments, including a | ||
surcharge pending on September 1, 2015. | ||
(b) A rule under this section: | ||
(1) may not require a person to: | ||
(A) pay surcharges that total $500 or more over a | ||
period of less than 48 [ |
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(B) pay surcharges that total more than $250 but | ||
not more than $499 over a period of less than 24 consecutive months; | ||
or | ||
(C) pay surcharges that total $249 or less over a | ||
period of less than 12 consecutive months; and | ||
(2) may provide that if the person fails to make any | ||
required monthly installment payment, the department may | ||
reestablish the installment plan on receipt of a payment in the | ||
amount equal to at least a required monthly installment payment. | ||
SECTION 13. Subchapter C, Chapter 1001, Education Code, is | ||
amended by adding Section 1001.1035 to read as follows: | ||
Sec. 1001.1035. DRIVER RESPONSIBILITY PROGRAM INFORMATION. | ||
(a) The agency by rule shall require that information relating to | ||
the driver responsibility program established under Chapter 708, | ||
Transportation Code, and the surcharges assessed under that program | ||
be included in the curriculum of any driver education course or | ||
driving safety course. | ||
(b) In developing rules under this section, the agency shall | ||
consult with the department. | ||
SECTION 14. Subchapter B, Chapter 103, Government Code, is | ||
amended by adding Sections 103.02135 and 103.02136 to read as | ||
follows: | ||
Sec. 103.02135. ADDITIONAL FEES AND COSTS IN CRIMINAL CASE: | ||
TRANSPORTATION CODE. A defendant shall pay the following | ||
administrative fee on dismissal of a charge of driving without a | ||
required license (Sec. 521.0265, Transportation Code) . . . $50. | ||
Sec. 103.02136. ADDITIONAL FEES AND COSTS IN CRIMINAL CASE: | ||
TRANSPORTATION CODE. A defendant shall pay the following | ||
administrative fee on dismissal of a charge of operation of a motor | ||
vehicle in violation of motor vehicle liability insurance | ||
requirement (Sec. 601.192, Transportation Code) . . . $50. | ||
SECTION 15. Section 708.159, Transportation Code, is | ||
repealed. | ||
SECTION 16. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 17. This Act takes effect September 1, 2015. |