Bill Text: TX HB3272 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the suspension, revocation, or cancellation of a driver's license or personal identification certificate and to certain conduct constituting contempt of court that may result in the suspension or denial of a driver's license.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3272 Detail]
Download: Texas-2017-HB3272-Enrolled.html
H.B. No. 3272 |
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relating to the suspension, revocation, or cancellation of a | ||
driver's license or personal identification certificate and to | ||
certain conduct constituting contempt of court that may result in | ||
the suspension or denial of a driver's license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Article 45.050, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 45.050. FAILURE TO PAY FINE; FAILURE TO APPEAR; | ||
CONTEMPT: JUVENILES. | ||
SECTION 2. Article 45.050(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) A justice or municipal court may not order the | ||
confinement of a child for: | ||
(1) the failure to pay all or any part of a fine or | ||
costs imposed for the conviction of an offense punishable by fine | ||
only; [ |
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(2) the failure to appear for an offense committed by | ||
the child; or | ||
(3) contempt of another order of a justice or | ||
municipal court. | ||
SECTION 3. Section 521.292(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department shall suspend the person's license if the | ||
department determines that the person: | ||
(1) has operated a motor vehicle on a highway while the | ||
person's license was suspended, canceled, disqualified, or | ||
revoked, or without a license after an application for a license was | ||
denied; | ||
(2) is a habitually reckless or negligent operator of | ||
a motor vehicle; | ||
(3) is a habitual violator of the traffic laws; | ||
(4) has permitted the unlawful or fraudulent use of | ||
the person's license; | ||
(5) has committed an offense in another state or | ||
Canadian province that, if committed in this state, would be | ||
grounds for suspension; | ||
(6) has been convicted of two or more separate | ||
offenses of a violation of a restriction imposed on the use of the | ||
license; | ||
(7) has been responsible as a driver for any accident | ||
resulting in serious personal injury or serious property damage; | ||
(8) is under 18 years of age [ |
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convicted of two or more moving violations committed within a | ||
12-month period; or | ||
(9) has committed an offense under Section 545.421. | ||
SECTION 4. Section 521.294, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE | ||
REVOCATION. The department shall revoke the person's license if | ||
the department determines that the person: | ||
(1) is incapable of safely operating a motor vehicle; | ||
(2) has not complied with the terms of a citation | ||
issued by a jurisdiction that is a party to the Nonresident Violator | ||
Compact of 1977 for a traffic violation to which that compact | ||
applies; | ||
(3) has failed to provide medical records or has | ||
failed to undergo medical or other examinations as required by a | ||
panel of the medical advisory board; | ||
(4) has failed to pass an examination required by the | ||
director under this chapter; or | ||
(5) [ |
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Canadian province that, if committed in this state, would be | ||
grounds for revocation. | ||
SECTION 5. Section 521.300, Transportation Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) A hearing under this subchapter may be conducted by | ||
telephone or video conference call if the presiding officer | ||
provides notice to the affected parties. | ||
SECTION 6. Section 521.314, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 521.314. CANCELLATION AUTHORITY. The department may | ||
cancel a license or certificate if it determines that the holder: | ||
(1) is [ |
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certificate; [ |
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(2) failed to give required information in the | ||
application for the license or certificate; or | ||
(3) paid the required fee for the license or | ||
certificate by check or credit card that was returned to the | ||
department or not honored by the funding institution or credit card | ||
company due to insufficient funds, a closed account, or any other | ||
reason. | ||
SECTION 7. The changes in law made by this Act to Sections | ||
521.292, 521.294, and 521.314, Transportation Code, apply only to a | ||
determination to suspend, revoke, or cancel a driver's license or | ||
personal identification certificate made by the Department of | ||
Public Safety on or after the effective date of this Act. A | ||
determination to suspend, revoke, or cancel a driver's license or | ||
personal identification certificate made before the effective date | ||
of this Act is governed by the law in effect when the determination | ||
was made, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 8. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3272 was passed by the House on May 9, | ||
2017, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3272 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |