Bill Text: TX SB2189 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the administrative, civil, and criminal consequences imposed on persons arrested for, charged with, or convicted of certain criminal offenses, including certain conditions of suspension or renewal of a driver's license.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Justice [SB2189 Detail]

Download: Texas-2019-SB2189-Introduced.html
  86R2156 JRR-F
 
  By: Whitmire S.B. No. 2189
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administrative, civil, and criminal consequences
  imposed on persons arrested for, charged with, or convicted of
  certain criminal offenses, including certain conditions of
  suspension or renewal of a driver's license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 103.0213, Government Code, is amended to
  read as follows:
         Sec. 103.0213.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES:  TRANSPORTATION CODE.  An accused or defendant, or a
  party to a civil suit, as applicable, shall pay the following fees
  and costs under the Transportation Code if ordered by the court or
  otherwise required:
               (1)  administrative fee on dismissal of charge of
  driving with an expired motor vehicle registration (Sec. 502.407,
  Transportation Code) . . . not to exceed $20;
               (2)  administrative fee on dismissal of charge of
  driving with an expired driver's license (Sec. 521.026,
  Transportation Code) . . . not to exceed $20;
               (2-a)  administrative fee on remediation of charge of
  operation of a vehicle without a registration insignia (Sec.
  502.473, Transportation Code) . . . not to exceed $10;
               (3)  administrative fee on remediation of charge of
  operating a vehicle without complying with inspection requirements
  as certified (Sec. 548.605, Transportation Code) . . . not to exceed
  $20;
               (4)  administrative fee for failure to appear for a
  complaint or citation on certain offenses (Sec. 706.006,
  Transportation Code) . . . $30 for each violation; and
               (5)  [administrative fee for failure to pay or satisfy
  certain judgments (Sec. 706.006, Transportation Code) . . . $30;
  and
               [(6)]  administrative fee on dismissal of charge of
  driving a commercial motor vehicle without a commercial driver's
  license or commercial learner's permit (Sec. 522.011,
  Transportation Code) . . . not to exceed $10.
         SECTION 2.  Section 133.003, Local Government Code, is
  amended to read as follows:
         Sec. 133.003.  CRIMINAL FEES. This chapter applies to the
  following criminal fees:
               (1)  the consolidated fee imposed under Section
  133.102;
               (2)  the time payment fee imposed under Section
  133.103;
               (3)  fees for services of peace officers employed by
  the state imposed under Article 102.011, Code of Criminal
  Procedure, and forwarded to the comptroller as provided by Section
  133.104;
               (4)  costs on conviction imposed in certain statutory
  county courts under Section 51.702, Government Code, and deposited
  in the judicial fund;
               (5)  costs on conviction imposed in certain county
  courts under Section 51.703, Government Code, and deposited in the
  judicial fund;
               (6)  the administrative fee for failure to appear [or
  failure to pay or satisfy a judgment] imposed under Section
  706.006, Transportation Code;
               (7)  fines on conviction imposed under Section
  621.506(g), Transportation Code;
               (8)  the fee imposed under Article 102.0045, Code of
  Criminal Procedure;
               (9)  the cost on conviction imposed under Section
  133.105 and deposited in the judicial fund; and
               (10)  the cost on conviction imposed under Section
  133.107.
         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:
                     (A)  while the person's license was suspended,
  canceled, disqualified, or revoked as the result of a conviction of
  an offense involving the operation of a motor vehicle while
  intoxicated;[,] or
                     (B)  without a license after an application for a
  license was denied as the result of a conviction of an offense
  involving the operation of a motor vehicle while intoxicated;
               (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 and has been 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 521.293, Transportation Code, is amended
  to read as follows:
         Sec. 521.293.  PERIOD OF SUSPENSION UNDER SECTION 521.292.
  If [(a) Except as provided by Subsection (b), if] the person does
  not request a hearing, the period of license suspension under
  Section 521.292 is 90 days.
         [(b)     If the department determines that the person engaged in
  conduct described by Section 521.292(a)(1), the period of license
  suspension is extended for an additional period of the lesser of:
               [(1)  the term of the original suspension; or
               [(2)  one year.]
         SECTION 5.  Section 521.312(b), Transportation Code, is
  amended to read as follows:
         (b)  Except as provided by Subsection (c)[, Section
  521.293(b),] or Subchapter O, the department may not suspend a
  license for a period that exceeds one year.
         SECTION 6.  Section 521.313, Transportation Code, is amended
  by amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  Notwithstanding Subsection (a), [The] payment of a
  reinstatement fee is not required if:
               (1)  a suspension or revocation under this subchapter
  is:
                     (A) [(1)]  rescinded by the department; or
                     (B) [(2)]  not sustained by a presiding officer or
  a court; or
               (2)  the department waives the fee under Subsection
  (b-1).
         (b-1)  The department shall waive payment of the
  reinstatement fee imposed under this section if the department
  determines, based on evidence received from the person or a court,
  that the person is indigent or does not have sufficient resources or
  income to pay the fee.
         SECTION 7.  Section 521.3452(b), Transportation Code, is
  amended to read as follows:
         (b)  In addition to any other action or remedy provided by
  law, the department may deny renewal of the person's driver's
  license under [Section 521.317 or] Chapter 706.
         SECTION 8.  Sections 521.457(e) and (f-1), Transportation
  Code, are amended to read as follows:
         (e)  Except as provided by Subsections [(f),] (f-1)[,] and
  (f-2), an offense under this section is a Class C misdemeanor.
         (f-1)  If it is shown on the trial of an offense under this
  section that at the time of the offense, the license of the person
  was [has previously been] suspended as the result of an offense
  involving the operation of a motor vehicle while intoxicated, the
  offense is a Class B misdemeanor.
         SECTION 9.  Section 524.051, Transportation Code, is amended
  by amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  Notwithstanding Subsection (a), [The] payment of a
  reinstatement fee is not required if:
               (1)  a suspension under this chapter is:
                     (A) [(1)]  rescinded by the department; or
                     (B) [(2)]  not sustained by an administrative law
  judge, or a court; or
               (2)  the department waives the fee under Subsection
  (b-1).
         (b-1)  The department shall waive payment of the
  reinstatement fee imposed under this section if the department
  determines, based on evidence received from the person or a court,
  that the person is indigent or does not have sufficient resources or
  income to pay the fee.
         SECTION 10.  Section 601.376, Transportation Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  A driver's license, vehicle registration, or
  nonresident's operating privilege that has been suspended under
  this chapter may not be reinstated and a new license or registration
  may not be issued to the holder of the suspended license,
  registration, or privilege until the person:
               (1)  pays to the department a fee of $100, unless the
  department waives the fee under Subsection (a-1); and
               (2)  complies with the other requirements of this
  chapter.
         (a-1)  The department shall waive payment of the fee imposed
  under this section if the department determines, based on evidence
  received from the person or a court, that the person is indigent or
  does not have sufficient resources or income to pay the fee.
         SECTION 11.  Chapter 706, Transportation Code, is amended by
  adding Section 706.0011 to read as follows:
         Sec. 706.0011.  FINDING BY COURT OF INABILITY TO PAY. If the
  court having jurisdiction over an offense for which a fine and cost
  were imposed makes a finding that the person is economically unable
  to pay the fine and cost:
               (1)  the department may not deny renewal of the person's
  driver's license under this chapter; and
               (2)  an administrative fee may not be imposed on the
  person under Section 706.006.
         SECTION 12.  Section 706.002(a), Transportation Code, is
  amended to read as follows:
         (a)  A political subdivision may contract with the
  department to provide information necessary for the department to
  deny renewal of the driver's license of a person who fails to appear
  for a complaint or citation [or fails to pay or satisfy a judgment
  ordering payment of a fine and cost in the manner ordered by the
  court] in a matter involving any offense that a court has
  jurisdiction of under Chapter 4, Code of Criminal Procedure.
         SECTION 13.  Section 706.003(b), Transportation Code, is
  amended to read as follows:
         (b)  The warning under Subsection (a):
               (1)  is in addition to any other warning required by
  law;
               (2)  must state in substance that if the person fails to
  appear in court as provided by law for the prosecution of the
  offense [or if the person fails to pay or satisfy a judgment
  ordering the payment of a fine and cost in the manner ordered by the
  court], the person may be denied renewal of the person's driver's
  license; and
               (3)  may be printed on the same instrument as the
  citation.
         SECTION 14.  Section 706.004, Transportation Code, is
  amended to read as follows:
         Sec. 706.004.  DENIAL OF RENEWAL OF DRIVER'S LICENSE. (a)
  On [If a political subdivision has contracted with the department,
  on] receiving the necessary information from a [the] political
  subdivision that has contracted with the department under this
  chapter, the department may deny renewal of a [the] person's
  driver's license for failure to appear based on a complaint or
  citation [or failure to pay or satisfy a judgment ordering the
  payment of a fine and cost in the manner ordered by the court] in a
  matter involving an offense described by Section 706.002(a) if the
  court having jurisdiction over the underlying offense holds a
  hearing on the denial of renewal of the person's driver's license
  and:
               (1)  the person fails to appear at the hearing; or
               (2)  the court determines that denial of renewal of the
  person's driver's license is appropriate.
         (b)  The information must include:
               (1)  the name, date of birth, and driver's license
  number of the person;
               (2)  the nature and date of the alleged violation;
               (3)  a statement that the person failed to appear as
  required by law [or failed to satisfy a judgment ordering the
  payment of a fine and cost in the manner ordered by the court] in a
  matter involving an offense described by Section 706.002(a); and
               (4)  any other information required by the department.
         SECTION 15.  Chapter 706, Transportation Code, is amended by
  adding Section 706.0045 to read as follows:
         Sec. 706.0045.  PERIOD OF DENIAL OF RENEWAL OF DRIVER'S
  LICENSE. Notwithstanding Section 706.004(a) or 706.006(c), the
  department may deny renewal of a person's driver's license under
  this chapter until the earlier of:
               (1)  the date the department receives a clearance
  notice under Section 706.005; or
               (2)  the second anniversary of the date the person's
  driver's license expired or otherwise became invalid.
         SECTION 16.  Section 706.005, Transportation Code, is
  amended to read as follows:
         Sec. 706.005.  CLEARANCE NOTICE TO DEPARTMENT. (a) A
  political subdivision shall immediately notify the department that
  there is no cause to continue to deny renewal of a person's driver's
  license based on the person's previous failure to appear [or
  failure to pay or satisfy a judgment ordering the payment of a fine
  and cost in the manner ordered by the court] in a matter involving
  an offense described by Section 706.002(a), on payment of a fee as
  provided by Section 706.006 and:
               (1)  the perfection of an appeal of the case for which
  the warrant of arrest was issued [or judgment arose];
               (2)  [the dismissal of the charge for which the warrant
  of arrest was issued or judgment arose, other than a dismissal with
  prejudice by motion of the appropriate prosecuting attorney for
  lack of evidence;
               [(3)     the posting of bond or the giving of other
  security to reinstate the charge for which the warrant was issued;
               [(4)]  the payment or discharge of the fine and cost
  owed on an outstanding judgment of the court; [or]
               (3)  the person's appearance in court with respect to
  the underlying offense for which the person failed to appear; or
               (4)  any [(5)] other [suitable] arrangement to satisfy
  [pay] the fine and cost, including through a payment plan or through
  community service [within the court's discretion].
         (b)  The department may not continue to deny the renewal of
  the person's driver's license under this chapter after the
  department receives notice:
               (1)  under Subsection (a);
               (2)  that the person was acquitted of the charge on
  which the person failed to appear;
               (3)  that the charge on which the person failed to
  appear was dismissed [with prejudice by motion of the appropriate
  prosecuting attorney for lack of evidence]; [or]
               (4)  that the person has posted bond or given other
  security to reinstate the charge for which the warrant was issued;
  or
               (5)  from the political subdivision that the failure to
  appear report [or court order to pay a fine or cost] relating to the
  person:
                     (A)  was sent to the department in error; or
                     (B)  has been destroyed in accordance with the
  political subdivision's records retention policy.
         SECTION 17.  Section 706.006, Transportation Code, is
  amended by amending Subsections (a), (a-1), and (d) and adding
  Subsection (e) to read as follows:
         (a)  Except as provided by Subsection (d) and Section
  706.0011, and subject to Subsection (e), a person who fails to
  appear for a complaint or citation for an offense described by
  Section 706.002(a) shall be required to pay an administrative fee
  of $30 [for each complaint or citation reported to the department
  under this chapter], unless:
               (1)  the person is acquitted of the charges for which
  the person failed to appear;
               (2)  the charges on which the person failed to appear
  were dismissed [with prejudice by motion of the appropriate
  prosecuting attorney for lack of evidence];
               (3)  the person has posted bond or given other security
  to reinstate the charge for which the warrant was issued;
               (4)  the failure to appear report was sent to the
  department in error; or
               (5) [(4)]  the case regarding the complaint or citation
  is closed and the failure to appear report has been destroyed in
  accordance with the applicable political subdivision's records
  retention policy.
         (a-1)  A person who is required to pay a fee under Subsection
  (a) shall pay the fee when[:
               [(1)]  the court enters judgment on the underlying
  offense reported to the department[;
               [(2)     the underlying offense is dismissed, other than a
  dismissal described by Subsection (a)(2); or
               [(3)     bond or other security is posted to reinstate the
  charge for which the warrant was issued].
         (d)  If the court having jurisdiction over the underlying
  offense makes a finding that the person is indigent, the person may
  not be required to pay an administrative fee under this section.
  For purposes of this subsection, a person is presumed to be indigent
  if the person:
               (1)  is required to attend school full time under
  Section 25.085, Education Code;
               (2)  is a member of a household with a total annual
  income that is below 125 percent of the applicable income level
  established by the federal poverty guidelines; [or]
               (3)  receives assistance from:
                     (A)  the financial assistance program established
  under Chapter 31, Human Resources Code;
                     (B)  the medical assistance program under Chapter
  32, Human Resources Code;
                     (C)  the supplemental nutrition assistance
  program established under Chapter 33, Human Resources Code;
                     (D)  the federal special supplemental nutrition
  program for women, infants, and children authorized by 42 U.S.C.
  Section 1786; or
                     (E)  the child health plan program under Chapter
  62, Health and Safety Code;
               (4)  is paying an existing fine or costs in specified
  portions at designated intervals; or
               (5)  is performing community service to discharge all
  or part of a fine or costs.
         (e)  The department may not require a person to pay more than
  one administrative fee for each political subdivision that submits
  information to the department under this chapter, regardless of the
  number of complaints or citations reported by that political
  subdivision or any subsequent reports that are submitted by that
  political subdivision during that same period in which the person's
  driver's license may not be renewed.
         SECTION 18.  Section 724.046, Transportation Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  Notwithstanding Subsection (a), payment of a fee
  imposed under that subsection is not required for reinstatement or
  issuance of a license if:
               (1)  [If] a suspension or denial under this chapter is
  rescinded by the department, an administrative law judge, or a
  court; or
               (2)  the department waives the fee under Subsection
  (b-1)[, payment of the fee under this section is not required for
  reinstatement or issuance of a license].
         (b-1)  The department shall waive payment of a fee imposed
  under this section if the department determines, based on evidence
  received from the person or a court, that the person is indigent or
  does not have sufficient resources or income to pay the fee.
         SECTION 19.  Sections 521.317, 521.457(f), and 706.006(b),
  Transportation Code, are repealed.
         SECTION 20.  The change in law made by this Act to Sections
  521.292 and 521.293, Transportation Code, applies only to a
  determination to suspend a driver's license made by the Department
  of Public Safety on or after the effective date of this Act. A
  determination to suspend a driver's license 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 21.  The change in law made by this Act to Section
  521.457, Transportation Code, 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 22.  Section 706.0045, Transportation Code, as added
  by this Act, applies to a determination to deny renewal of a
  driver's license that is made by the Department of Public Safety
  before, on, or after the effective date of this Act.
         SECTION 23.  This Act takes effect September 1, 2019.
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