Amend CSHB 3588 by adding the following appropriately
numbered articles and renumbering subsequent articles accordingly:
ARTICLE ____. DRIVER RESPONSIBILITY
SECTION ____.01. Subtitle I, Title 7, Transportation Code, is
amended by adding Chapter 708 to read as follows:
CHAPTER 708. DRIVER RESPONSIBILITY PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 708.001. DEFINITIONS. In this chapter, "department"
and "license" have the meanings assigned by Section 521.001.
Sec. 708.002. RULES. The department shall adopt and
enforce rules to implement and enforce this chapter.
Sec. 708.003. FINAL CONVICTIONS. For purposes of this
chapter, a conviction for an offense to which this chapter applies
is a final conviction, regardless of whether the sentence is
probated.
[Sections 708.004-708.050 reserved for expansion]
SUBCHAPTER B. DRIVER'S LICENSE POINTS SURCHARGE
Sec. 708.051. NONAPPLICABILITY. This subchapter does not
apply to:
(1) a conviction that became final before September 1,
2003; or
(2) an offense covered by Subchapter C.
Sec. 708.052. ASSIGNMENT OF POINTS FOR CERTAIN
CONVICTIONS. (a) The driver's license of a person accumulates a
point under this subchapter as of the date the department records a
conviction of the person under Section 521.042 or other applicable
law.
(b) For each conviction arising out of a separate
transaction, the department shall assign points to a person's
license as follows:
(1) two points for a moving violation of the traffic
law of this state or another state that is not described by
Subdivision (2); and
(2) three points for a moving violation of the traffic
law of this state, another state, or a political subdivision of this
or another state that resulted in an accident.
(c) The department by rule shall designate the offenses that
constitute a moving violation of the traffic law under this
section.
(d) Notwithstanding Subsection (b), the department may not
assign points to a person's driver's license if the offense of which
the person was convicted is the offense of speeding and the person
was at the time of the offense driving less than 10 percent faster
than the posted speed limit. This subsection does not apply to an
offense committed in a school crossing zone as defined by Section
541.302.
(e) Notwithstanding Subsection (b), the department may not
assign points to a person's license if the offense committed by the
person was adjudicated under Article 45.051(c-1) or 45.0511(l)(1),
Code of Criminal Procedure.
Sec. 708.053. ANNUAL SURCHARGE FOR POINTS. Each year, the
department shall assess a surcharge on the license of a person who
has accumulated six or more points under this subchapter during the
preceding 36-month period.
Sec. 708.054. AMOUNT OF POINTS SURCHARGE. The amount of a
surcharge under this chapter is $100 for the first six points and
$25 for each additional point.
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.
[Sections 708.056-708.100 reserved for expansion]
SUBCHAPTER C. SURCHARGES FOR CERTAIN CONVICTIONS
AND LICENSE SUSPENSIONS
Sec. 708.101. NONAPPLICABILITY. This subchapter does not
apply to a conviction that became final before September 1, 2003.
Sec. 708.102. SURCHARGE 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) Each year the department shall assess a surcharge on the
license of each 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.
(c) The amount of a surcharge under this section is $1,000
per year, except that the amount of the surcharge 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 any 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.
(d) A surcharge under this section for the same conviction
may not be assessed in more than three years.
Sec. 708.103. SURCHARGE FOR CONVICTION OF DRIVING WHILE
LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. (a) Each
year the department shall assess a surcharge on the license of each
person who during the preceding 36-month period has been convicted
of an offense under Section 521.457, 601.191, or 601.371.
(b) The amount of a surcharge under this section is $250 per
year.
Sec. 708.104. SURCHARGE FOR CONVICTION OF DRIVING WITHOUT
VALID LICENSE. (a) Each year the department shall assess a
surcharge on the license of a person who during the preceding
36-month period has been convicted of an offense under Section
521.021.
(b) The amount of a surcharge under this section is $100 per
year.
(c) A surcharge under this section for the same conviction
may not be assessed in more than three years.
[Sections 708.105-708.150 reserved for expansion]
SUBCHAPTER D. COLLECTION OF SURCHARGES
Sec. 708.151. NOTICE OF SURCHARGE. The department shall
notify the holder of a driver's license of the assessment of a
surcharge on that license by first class mail sent to the person's
most recent address as shown on the records of the department. The
notice must specify the date by which the surcharge must be paid and
state the consequences of a failure to pay the surcharge.
Sec. 708.152. FAILURE TO PAY SURCHARGE. (a) If before the
30th day after the date the department sends a notice under Section
708.151 the person fails to pay the amount of a surcharge on the
person's license or fails to enter into an installment payment
agreement with the department, the license of the person is
automatically suspended.
(b) A license suspended under this section remains
suspended until the person pays the amount of the surcharge and any
related costs.
Sec. 708.153. INSTALLMENT PAYMENT OF SURCHARGE. (a) The
department by rule shall provide for the payment of a surcharge in
installments.
(b) A rule under this section:
(1) may not permit a person to pay a surcharge:
(A) of less than $2,300 over a period of more than
12 consecutive months; or
(B) of $2,300 or more over a period of more than
24 consecutive months; and
(2) may provide that if the person fails to make a
required installment payment, the department may declare the amount
of the unpaid surcharge immediately due and payable.
Sec. 708.154. CREDIT CARD PAYMENT OF SURCHARGE. (a) The
department by rule may authorize the payment of a surcharge by use
of a credit card. The rules shall require the person to pay all
costs incurred by the department in connection with the acceptance
of the credit card.
(b) If a surcharge or a related cost is paid by credit card
and the amount is subsequently reversed by the issuer of the credit
card, the license of the person is automatically suspended.
(c) A license suspended under this section remains
suspended until the person pays the amount of the surcharge and any
related costs.
Sec. 708.155. CONTRACTS FOR COLLECTION OF SURCHARGES. The
department may enter into a contract with a private attorney or a
public or private vendor for the provision of services for the
collection of surcharges receivable under this chapter.
Sec. 708.156. REMITTANCE OF SURCHARGES COLLECTED TO
COMPTROLLER. Each surcharge collected by the department under
this chapter shall be remitted to the comptroller as required by
Section 780.002, Health and Safety Code.
SECTION ____.02. Subtitle B, Title 9, Health and Safety
Code, is amended by adding Chapter 780 to read as follows:
CHAPTER 780. TRAUMA FACILITIES AND
EMERGENCY MEDICAL SERVICES
Sec. 780.001. DEFINITIONS. In this chapter:
(1) "Account" means the designated trauma facility and
emergency medical services account established under Section
780.003.
(2) "Commissioner" means the commissioner of public
health.
(3) "Department" means the Texas Department of Health.
Sec. 780.002. DEPOSITS TO 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 court costs 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 exceeds $250
million, the comptroller shall deposit 49.5 percent of the
additional amount received under Subsection (a) to the account
established under this chapter and 49.5 percent of the additional
amount to the credit of the Texas mobility fund.
Sec. 780.003. ACCOUNT. (a) The designated trauma facility
and emergency medical services account is created as an account in
the state treasury. Money in the account may be appropriated only
to the department for the purposes described by Section 780.004.
(b) The account is composed of money deposited to the credit
of the account under Section 780.002, and the earnings of the
account.
(c) Sections 403.095 and 404.071, Government Code, do not
apply to the account.
Sec. 780.004. PAYMENTS FROM THE ACCOUNT. (a) The
commissioner, with advice and counsel from the chairpersons of the
trauma service area regional advisory councils, shall use money
appropriated from the account established under this chapter to
fund designated trauma facilities, county and regional emergency
medical services, and trauma care systems in accordance with this
section.
(b) The commissioner shall maintain a reserve of $500,000 of
money appropriated from the account for extraordinary emergencies.
(c) In any fiscal year, the commissioner shall use at least
96 percent of the money appropriated from the account, after any
amount necessary to maintain the reserve established by Subsection
(b) is deducted, to fund a portion of the uncompensated trauma care
provided at facilities designated as state trauma facilities by the
department or an undesignated facility in active pursuit of
designation. Funds may be disbursed under this subsection based on
a proportionate share of uncompensated trauma care provided in the
state and may be used to fund innovative projects to enhance the
delivery of patient care in the overall emergency medical services
and trauma care system.
(d) In any fiscal year, the commissioner shall use not more
than two percent of the money appropriated from the account, after
any amount necessary to maintain the reserve established by
Subsection (b) is deducted, to fund, in connection with an effort to
provide coordination with the appropriate trauma service area, the
cost of supplies, operational expenses, education and training,
equipment, vehicles, and communications systems for local
emergency medical services. The money shall be distributed on
behalf of eligible recipients in each county to the trauma service
area regional advisory council for that county. To receive a
distribution under this subsection, the regional advisory council
must be incorporated as an entity that is exempt from federal income
tax under Section 501(a), Internal Revenue Code of 1986, and its
subsequent amendments, by being listed as an exempt organization
under Section 501(c)(3) of the code. The share of the money
allocated to the eligible recipients in a county's geographic area
shall be based on the relative geographic size and population of the
county and on the relative number of emergency or trauma care runs
performed by eligible recipients in the county. Money that is not
disbursed by a regional advisory council to eligible recipients for
approved functions by the end of the fiscal year in which the funds
were disbursed shall be returned to the department to be used in
accordance with Subsection (c).
(e) In any fiscal year, the commissioner may use not more
than one percent of the money appropriated from the account, after
any amount necessary to maintain the reserve established by
Subsection (b) is deducted, for operation of the 22 trauma service
areas and for equipment, communications, and education and training
for the areas. Money distributed under this subsection shall be
distributed on behalf of eligible recipients in each county to the
trauma service area regional advisory council for that county. To
receive a distribution under this subsection, the regional advisory
council must be incorporated as an entity that is exempt from
federal income tax under Section 501(a), Internal Revenue Code of
1986, and its subsequent amendments, by being listed as an exempt
organization under Section 501(c)(3) of the code. A regional
advisory council's share of money distributed under this section
shall be based on the relative geographic size and population of
each trauma service area and on the relative amount of trauma care
provided. Money that is not disbursed by a regional advisory
council to eligible recipients for approved functions by the end of
the fiscal year in which the funds were disbursed shall be returned
to the department to be used in accordance with Subsection (c).
(f) In any fiscal year, the commissioner may use not more
than one percent of money appropriated from the account, after any
amount necessary to maintain the reserve established by Subsection
(b) is deducted, to fund the administrative costs of the bureau of
emergency management of the department associated with
administering the trauma program, the state emergency medical
services program, and the account and to fund the costs of
monitoring and providing technical assistance for those programs
and that account.
(g) In a trauma service area that includes a county with a
population of 3.3 million or more, a trauma service area regional
advisory council may enter into an agreement with a regional
council of governments to execute its responsibilities and
functions under this chapter.
(h) For purposes of this section "pursuit of designation"
means:
(1) submission of an application with the state or
appropriate agency for trauma verification and designation not
later than December 31, 2003;
(2) submission of data to the department trauma
registry, provided that only data submitted to the trauma registry
on or after September 1, 2003, will qualify for consideration of
reimbursement under this program;
(3) participation in trauma service area regional
advisory council initiatives on or before December 31, 2003; and
(4) creation of a hospital trauma performance
committee not later than December 31, 2003.
(i) If trauma designation is not attained by an undesignated
facility in active pursuit of designation on or before December 31,
2005, any funds received by the undesignated facility for
unreimbursed trauma services must be returned to the state.
Sec. 780.0045. PAYMENT TO PHYSICIANS. (a) Each designated
state trauma facility that receives funds under Section 780.004(c)
shall distribute a portion of those funds to physicians on the
medical staff of the facility to offset the costs of the
uncompensated trauma care provided by the physicians.
(b) Each designated state trauma facility that receives
funds under Section 780.004(c) shall develop, in accordance with
rules adopted by the department, a physician compensation
distribution plan that recognizes the other distribution plans or
contracts under which physicians provide trauma care at the
facility.
Sec. 780.005. CONTROL OF EXPENDITURES FROM THE ACCOUNT.
Money distributed under Section 780.004 shall be used in compliance
with Sections 780.004 and 780.0045 on the authorization of the
executive committee of the trauma service area regional advisory
council.
Sec. 780.006. LOSS OF FUNDING ELIGIBILITY. For a period of
not less than one year or more than three years, as determined by
the commissioner, the department may not disburse money under
Section 780.004 to a county, municipality, or local recipient that
the commissioner finds used money in violation of that section.
SECTION ____.03. Not later than December 1, 2004, the Texas
Department of Health shall submit to the lieutenant governor and
the speaker of the house of representatives a report concerning the
use of money under Chapter 780, Health and Safety Code, as added by
this article, and any recommended changes to law to ensure
appropriate funding and coordination of services.
SECTION ____.04. The Texas Department of Health shall adopt
rules to implement Section 780.0045, Health and Safety Code, as
added by this article, as soon as practicable but not later than
June 1, 2004.
ARTICLE ____. DISPOSITION OF DEPARTMENT OF
PUBLIC SAFETY FEES
SECTION ____.01. Subchapter C, Chapter 521, Transportation
Code, is amended by adding Section 521.058 to read as follows:
Sec. 521.058. DISPOSITION OF FEES. Each fee collected
under this subchapter shall be deposited to the credit of the Texas
mobility fund.
SECTION ____.02. Section 521.313, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) Each fee collected under this section shall be deposited
to the credit of the Texas mobility fund.
SECTION ____.03. Section 521.3466, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) Each fee collected under this section shall be deposited
to the credit of the Texas mobility fund.
SECTION ____.04. Subchapter R, Chapter 521, Transportation
Code, is amended by adding Section 521.427 to read as follows:
Sec. 521.427. DISPOSITION OF FEES. (a) Except as provided
by Subsections (b) and (c), each fee collected under this
subchapter shall be deposited to the credit of the Texas mobility
fund.
(b) Subsection (a) does not apply to:
(1) the portion of a fee collected under Section
521.421(b) or Section 521.421(f), as added by Chapter 1156, Acts of
the 75th Legislature, Regular Session, 1997, that is required by
Section 662.011 to be deposited to the credit of the motorcycle
education fund account;
(2) a fee collected under Section 521.421(f), as added
by Chapter 510, Acts of the 75th Legislature, Regular Session,
1997;
(3) a fee collected under Section 521.421(g); or
(4) a fee collected under Section 521.422(b) or (c).
(c) The first $90,500,254 of fees to which Subsection (a)
applies that are collected during the state fiscal biennium ending
August 31, 2005, shall be deposited to the credit of the general
revenue fund. This subsection expires September 1, 2005.
SECTION ____.05. Section 522.029, Transportation Code, is
amended by adding Subsection (i) to read as follows:
(i) Except as provided by Section 662.011, each fee
collected under this section shall be deposited to the credit of the
Texas mobility fund.
SECTION ____.06. Section 524.051, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) Each fee collected under this section shall be deposited
to the credit of the Texas mobility fund.
SECTION ____.07. Subchapter H, Chapter 548, Transportation
Code, is amended by adding Section 548.508 to read as follows:
Sec. 548.508. DISPOSITION OF FEES. Except as provided by
Sections 382.037 and 382.0622, Health and Safety Code, and Section
548.5055, each fee collected by the department under this
subchapter shall be deposited to the credit of the Texas mobility
fund.
SECTION ____.08. Section 644.153, Transportation Code, is
amended by adding Subsection (i) to read as follows:
(i) Each penalty collected under this section shall be
deposited to the credit of the Texas mobility fund.
SECTION ____.09. Section 724.046, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) Each fee collected under this section shall be deposited
to the credit of the Texas mobility fund.
SECTION ____.10. Section 521.055(d), Transportation Code,
is repealed.
SECTION ____.11. This article applies only to a fee or
penalty collected on or after the effective date of this Act.
ARTICLE ____. MISCELLANEOUS PROVISIONS
SECTION ____.01. (a) Subchapter D, Chapter 542,
Transportation Code, is amended by adding Section 542.4031 to read
as follows:
Sec. 542.4031. ADDITIONAL COURT COST. (a) In addition to
other costs, including a cost under Section 542.403, a person
convicted of an offense under this subtitle shall pay $30 as a court
cost.
(b) An officer collecting a cost due under this section in a
case in municipal court shall keep separate records of the money
collected and shall deposit the money in the municipal treasury.
(c) An officer collecting a cost due under this section in a
justice, county, or district court shall keep separate records of
the money collected and shall deposit the money in the county
treasury.
(d) Each calendar quarter, an officer collecting a cost due
under this section shall submit a report to the comptroller. The
report must comply with Articles 103.005(c) and (d), Code of
Criminal Procedure. If no money due as a cost under this section is
collected in any quarter, the report required for that quarter
shall be filed in the regular manner, and the report shall state
that no money due under this section was collected.
(e) The custodian of money in a municipal or county treasury
may deposit money collected under this section 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.
(f) A municipality or county may retain 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) 67 percent to the credit of the undedicated
portion of the general revenue fund; and
(2) 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), in any state fiscal
year the comptroller shall deposit court costs received under that
subsection to the credit of the general revenue fund only until the
total amount of the court costs deposited to the credit of the
general revenue fund under that subsection and the surcharges
deposited to the credit of that fund under 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
those laws exceeds $250 million, the comptroller shall deposit the
additional amount received under Subsection (g) to the credit of
the Texas mobility fund.
(i) Money collected under this section is subject to audit
by the comptroller. Money spent is subject to audit by the state
auditor.
(j) In this section a person is considered to have been
convicted in a case if:
(1) a sentence is imposed;
(2) the person receives community supervision or
deferred adjudication; or
(3) the court defers final disposition of the case.
(b) The change in law made by this section applies only to an
offense committed on or after the effective date of this section.
For the purposes of this section, an offense was committed before
the effective date of this section if any element of the offense
occurred before that date. An offense committed before the
effective date of this section is governed by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose.
WENTWORTH
OGDEN