Bill Text: TX HB4292 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 4292 (Prior Session Legislation)

Introduced

Bill Title: Relating to the waiver of certain surcharges assessed under the driver responsibility program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-25 - Referred to Homeland Security & Public Safety [HB4292 Detail]

Download: Texas-2019-HB4292-Introduced.html

	86R9342 AJZ-F

	By: Davis of Dallas	H.B. No. 4292



	A BILL TO BE ENTITLED
	AN ACT
	relating to the waiver of certain surcharges assessed under the
	driver responsibility program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter D, Chapter 708, Transportation Code,
	is amended by adding Section 708.160 to read as follows:
	Sec. 708.160. WAIVER OF SURCHARGES FOR CERTAIN OFFENSES.
	(a) A person who receives notice of a surcharge under Section
	708.151 as a result of one or more convictions may file a petition
	with a convicting court for a waiver of the surcharge if:
	(1) each offense that was the basis for the surcharge
	was punishable by a fine only; and
	(2) the petition includes:
	(A) a copy of the person's driving record;
	(B) a copy of the notice of surcharge received
	under Section 708.151;
	(C) evidence that the person is unable to pay the
	surcharge; and
	(D) any other supporting documentation that
	would support a decision to grant the waiver.
	(b) A court receiving a petition under this section shall
	set a hearing not later than the 14th day after the date the court
	receives the petition. The court shall notify the department of the
	date of the hearing. At the hearing, the court may hear testimony
	and consider:
	(1) the petitioner's ability to pay the surcharge;
	(2) the frequency of the underlying offenses;
	(3) the time and length of any license suspension; and
	(4) any other factors that would support a decision to
	grant the waiver.
	(c) The court may issue an order granting the waiver. The
	court shall notify the department of an order entered under this
	subsection.
	(d) Not later than the 30th day after the date the
	department receives a court order under Subsection (c), the
	department shall waive the surcharges as required by the order.
	SECTION 2. Section 708.160, Transportation Code, as added
	by this Act, applies to any surcharge pending on the effective date
	of this Act, regardless of whether the surcharge was imposed before
	that date.
	SECTION 3. This Act takes effect September 1, 2019.