Bill Text: TX SB2185 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the repeal of the driver responsibility program and the amount and allocation of state traffic fine funds; authorizing and increasing criminal fines.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-29 - Referred to Transportation [SB2185 Detail]

Download: Texas-2017-SB2185-Introduced.html

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By: Miles S.B. No. 2185

A BILL TO BE ENTITLED
AN ACT
relating to the repeal of the driver responsibility program and the
amount and allocation of state traffic fine funds; authorizing and
increasing criminal fines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.022(a), Code of Criminal Procedure,
is amended 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 Section 542.304 [708.052],
Transportation Code.
SECTION 2. Section 1001.112, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a)(4), the rules adopted
under Subsection (a) must provide that on the date a person
described by Subsection (a) begins conducting a driver education
course, the person conducting the course has not been convicted
during the preceding 36-month period of:
(1) three or more moving violations described by
Section 542.304, Transportation Code, including violations that
resulted in an accident; or
(2) two or more moving violations described by Section
542.304, Transportation Code, that resulted in an accident.
SECTION 3. Section 411.110(f), Government Code, is amended
to read as follows:
(f) The Department of State Health Services may not consider
offenses described by [for which points are assessed under] Section
542.304 [708.052], Transportation Code, to determine whether to
hire or retain an employee or to contract with a person on whom
criminal history record information is obtained under this section.
SECTION 4. Section 773.0614(b), Health and Safety Code, is
amended to read as follows:
(b) For purposes of Subsection (a), the department may not
consider offenses described by [for which points are assessed
under] Section 542.304 [708.052], Transportation Code.
SECTION 5. Section 773.06141(a), Health and Safety Code,
is amended to read as follows:
(a) The department may suspend, revoke, or deny an emergency
medical services provider license on the grounds that the
provider's administrator of record, employee, or other
representative:
(1) has been convicted of, or placed on deferred
adjudication community supervision or deferred disposition for, an
offense that directly relates to the duties and responsibilities of
the administrator, employee, or representative, other than an
offense described by [for which points are assigned under] Section
542.304 [708.052], Transportation Code;
(2) has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for an
offense, including:
(A) an offense listed in Article 42A.054(a)(2),
(3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
or
(B) an offense, other than an offense described
by Subdivision (1), for which the person is subject to registration
under Chapter 62, Code of Criminal Procedure; or
(3) has been convicted of Medicare or Medicaid fraud,
has been excluded from participation in the state Medicaid program,
or has a hold on payment for reimbursement under the state Medicaid
program under Subchapter C, Chapter 531, Government Code.
SECTION 6. Section 780.002, Health and Safety Code, is
amended to read as follows:
Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT. The comptroller
shall deposit any gifts, grants, donations, and legislative
appropriations made for the purposes of the designated trauma
facility and emergency medical services account established under
Section 780.003 to the credit of the account. [(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 7. Section 780.003(b), Health and Safety Code, is
amended to read as follows:
(b) The account is composed of money deposited to the credit
of the account under Sections 542.406, [and] 707.008, and 709.003,
Transportation Code, and under Section 780.002 of this code.
SECTION 8. Section 502.357(b), Transportation Code, is
amended to read as follows:
(b) Fees collected under this section shall be deposited to
the credit of the state highway fund except that the comptroller
shall provide for a portion of the fees to be deposited first to the
credit of a special fund in the state treasury outside the general
revenue fund to be known as the TexasSure Fund in a total amount
that is necessary to cover the total amount appropriated to the
Texas Department of Insurance from that fund and for the remaining
fees to be deposited to the state highway fund. Subject to
appropriations, the money deposited to the credit of the state
highway fund under this section may be used by the Department of
Public Safety to:
(1) support the Department of Public Safety's
reengineering of the driver's license system to provide for the
issuance by the Department of Public Safety of a driver's license or
personal identification certificate, to include use of image
comparison technology; and
(2) [establish and maintain a system to support the
driver responsibility program under Chapter 708; and
[(3)] make lease payments to the master lease purchase
program for the financing of the driver's license reengineering
project.
SECTION 9. Subchapter C, Chapter 542, Transportation Code,
is amended by adding Section 542.304 to read as follows:
Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)
The department by rule shall designate the offenses involving the
operation of a motor vehicle that constitute a moving violation of
the traffic law for the purposes of:
(1) Article 102.022(a), Code of Criminal Procedure;
(2) Section 1001.112(a-1), Education Code;
(3) Section 411.110(f), Government Code; and
(4) Sections 773.0614(b) and 773.06141(a), Health and
Safety Code.
(b) The rules must provide that for the purposes of the
provisions described in Subsection (a), moving violations:
(1) include:
(A) a violation of the traffic law of this state,
another state, or a political subdivision of this or another state;
and
(B) an offense under Section 545.412; and
(2) do not include:
(A) an offense committed before September 1,
2003;
(B) the offense of speeding when the person
convicted was at the time of the offense driving less than 10
percent faster than the posted speed limit, unless the person
committed the offense in a school crossing zone; or
(C) an offense adjudicated under Article 45.051
or 45.0511, Code of Criminal Procedure.
SECTION 10. Sections 542.4031(a), (f), (g), and (h),
Transportation Code, are amended to read as follows:
(a) In addition to the fine prescribed by Section 542.401 or
another section of this subtitle, as applicable, a person who
enters a plea of guilty or nolo contendere to or is convicted of an
offense under this subtitle shall pay $60 [$30] as a state traffic
fine. The person shall pay the state traffic fine when the person
enters the person's plea of guilty or nolo contendere, or on the
date of conviction, whichever is earlier. The state traffic fine
shall be paid regardless of whether:
(1) a sentence is imposed on the person;
(2) the court defers final disposition of the person's
case; or
(3) the person is placed on community supervision,
including deferred adjudication community supervision.
(f) A municipality or county may retain 2.5 [five] percent
of the money collected under this section as a service fee for the
collection if the municipality or county remits the funds to the
comptroller within the period prescribed in Subsection (e). The
municipality or county may retain any interest accrued on the money
if the custodian of the money deposited in the treasury keeps
records of the amount of money collected under this section that is
on deposit in the treasury and remits the funds to the comptroller
within the period prescribed in Subsection (e).
(g) Of the money received by the comptroller under this
section, the comptroller shall deposit:
(1) 58.5 [67] percent to the credit of the undedicated
portion of the general revenue fund; and
(2) 41.5 [33] percent to the credit of the designated
trauma facility and emergency medical services account under
Section 780.003, Health and Safety Code.
(h) Notwithstanding Subsection (g)(1), in any state fiscal
year the comptroller shall deposit 58.5 [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 11. 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 12. Subtitle I, Title 7, Transportation Code, is
amended by adding Chapter 709 to read as follows:
CHAPTER 709. MISCELLANEOUS TRAFFIC FINES
Sec. 709.001. TRAFFIC FINE FOR CONVICTION OF CERTAIN
INTOXICATED DRIVER OFFENSES. (a) In this section, "offense
relating to the operating of a motor vehicle while intoxicated" has
the meaning assigned by Section 49.09, Penal Code.
(b) In addition to the fine prescribed for the specific
offense, a person who during the preceding 36-month period has been
finally convicted of an offense relating to the operating of a motor
vehicle while intoxicated shall pay a fine each year.
(c) The amount of a fine under this section is $1,000 per
year, except that the amount of the fine is:
(1) $1,500 per year for a second or subsequent
conviction within a 36-month period; and
(2) $2,000 for a first or subsequent conviction if 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.
Sec. 709.002. TRAFFIC FINE FOR CONVICTION OF DRIVING
WITHOUT FINANCIAL RESPONSIBILITY. (a) In addition to the fine
prescribed under Section 601.191, a person who during the preceding
36-month period has been convicted of an offense under Section
601.191 shall pay a fine each year.
(b) Except as provided by Subsection (c), the amount of a
fine under this section is $250 per year.
(c) The amount of a fine under this section is $125 per year
if the person establishes financial responsibility under Section
601.051 not later than the 60th day after the date of the offense
through a motor vehicle liability insurance policy that:
(1) complies with Subchapter D, Chapter 601; and
(2) is prepaid and valid for at least a six-month
period.
Sec. 709.003. REMITTANCE OF TRAFFIC FINES COLLECTED TO
COMPTROLLER. (a) An officer collecting a traffic fine under
Section 709.002 in a case in municipal court shall keep separate
records of the money collected and shall deposit the money in the
municipal treasury.
(b) An officer collecting a traffic fine under Section
709.001 or 709.002 in a case in a justice, county, or district court
shall keep separate records of the money collected and shall
deposit the money in the county treasury.
(c) Each calendar quarter, an officer collecting a traffic
fine under Section 709.001 or 709.002 shall submit a report to the
comptroller. The report must comply with Articles 103.005(c) and
(d), Code of Criminal Procedure.
(d) The custodian of money in a municipal or county treasury
may deposit money collected under Sections 709.001 and 709.002 in
an interest-bearing account. The custodian shall:
(1) keep records of the amount of money collected
under this section that is on deposit in the treasury; and
(2) not later than the last day of the month following
each calendar quarter, remit to the comptroller money collected
under this section during the preceding quarter, as required by the
comptroller.
(e) A municipality or county may retain 2.5 percent of the
money collected under Sections 709.001 and 709.002 as a service fee
for the collection if the county remits the funds to the comptroller
within the period described by Subsection (d). The municipality or
county may retain any interest accrued on the money if the custodian
of the money deposited in the treasury keeps records of the amount
of money collected under this section that is on deposit in the
treasury and remits the funds to the comptroller within the period
prescribed in Subsection (d).
(f) The comptroller shall deposit money remitted to the
comptroller under this section to the credit of the designated
trauma facility and emergency medical services account under
Section 780.003, Health and Safety Code.
(g) Money collected under this section is subject to audit
by the comptroller. Money spent is subject to audit by the state
auditor.
SECTION 13. Chapter 708, Transportation Code, is repealed.
SECTION 14. The repeal by this Act of Chapter 708,
Transportation Code, applies to any surcharge pending on the
effective date of this Act, regardless of whether the surcharge was
imposed before that date.
SECTION 15. This Act takes effect September 1, 2017.