By: Wilson H.B. No. 3147
A BILL TO BE ENTITLED
AN ACT
relating to various fees collected by certain state and local
agencies and to the imposition of new fees in connection with
functions of certain state and local agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 521.055, Transportation Code, is amended
to read as follows:
Sec. 521.055. ESTABLISHMENT OF INTERACTIVE
SYSTEM. (a) The department may establish a system, separate from
the department's mainframe computer, that will allow interactive
access to certain driver's license record information.
(b) The system may provide for the release of the following
information:
(1) the status check described in Section 521.045; and
(2) the three-year driving record under Section
521.046.
(c) The fee for a status check under Subsection (b)(1) is
$2.50. The fee for a three-year driving record under Subsection
(b)(2) is $10 [$4.50].
(d) Fifty cents of each fee collected under Subsection (c)
shall be deposited in a special account in the general revenue fund
that may be appropriated only to the department for administration
of this chapter.
(e) The department may contract with private vendors as
necessary to implement this section.
(f) The department may adopt rules as necessary to
administer this section.
(g) For purposes of this section, a release of information
to persons eligible to receive the information under Chapter 730
occurs each time a query is made of the system.
SECTION 2. Chapter 521.421, Transportation Code, is amended
to read as follows:
Sec. 521.421. LICENSE FEES; EXAMINATION FEES. (a) The
fee for issuance or renewal of a license not otherwise provided for
by this section is $24.
(b) The fee for renewal of a Class M license or for renewal
of a license that includes authorization to operate a motorcycle is
$32.
(c) The fee for issuance or renewal of a provisional license
or instruction permit is $10 [$5].
(d) The fee for issuance or renewal of an occupational
license is $24 [$10].
(e) An applicant who changes from a lower to a higher class
of license or who adds a type of vehicle other than a motorcycle to
the license shall pay a $10 fee for the required examination.
(f) The department shall collect an additional fee of $1 for
the issuance or renewal of a license to fund the Blindness
Education, Screening, and Treatment Program established under
Section 91.027, Human Resources Code, if the person applying for or
renewing a license opts to pay the additional fee.
(f) An applicant applying for additional authorization to
operate a motorcycle shall pay a $15 fee for the required
application.
(f) If a Class A, B, or C driver's license includes an
authorization to operate a motorcycle or moped, the fee for the
driver's license is increased by $8.
(g) The department shall collect an additional fee of $1 for
the issuance or renewal of a license to fund the anatomical gift
educational program established under Chapter 49, Health and Safety
Code, if the person applying for or renewing a license opts to pay
the additional fee. The department shall remit fees collected
under this subsection to the comptroller, who shall maintain the
identity of the source of the fees.
(h) The fee for issuance or renewal of a driver's license, a
provisional license, an instruction permit, or a hardship license
issued to a person subject to the registration requirements under
Chapter 62, Code of Criminal Procedure, is $50 [$20].
SECTION 3. Section 42.13(h), Code of Criminal Procedure, is
amended to read as follows:
Sec. 13. (h) If a person convicted of an offense under
Sections 49.04-49.08, Penal Code, is placed on community
supervision, the judge shall require, as a condition of the
community supervision, that the defendant attend and successfully
complete before the 181st day after the day community supervision
is granted an educational program jointly approved by the Texas
Commission on Alcohol and Drug Abuse, the Department of Public
Safety, the Traffic Safety Section of the Texas Department of
Transportation, and the community justice assistance division of
the Texas Department of Criminal Justice designed to rehabilitate
persons who have driven while intoxicated. The Texas Commission on
Alcohol and Drug Abuse shall publish the jointly approved rules and
shall monitor, coordinate, and provide training to persons
providing the educational programs. The Texas Commission on
Alcohol and Drug Abuse is responsible for the administration of the
certification of approved educational programs and may charge a
nonrefundable application fee for the initial certification of
approval and for renewal of a certificate. The judge may waive the
educational program requirement or may grant an extension of time
to successfully complete the program that expires not later than
one year after the beginning date of the person's community
supervision, however, if the defendant by a motion in writing shows
good cause. In determining good cause, the judge may consider but
is not limited to: the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and the fact that the defendant
resides out of state, has no valid driver's license, or does not
have access to transportation. The judge shall set out the finding
of good cause for waiver in the judgment. If a defendant is
required, as a condition of community supervision, to attend an
educational program or if the court waives the educational program
requirement, the court clerk shall immediately report that fact to
the Department of Public Safety, on a form prescribed by the
department, for inclusion in the person's driving record. If the
court grants an extension of time in which the person may complete
the program, the court clerk shall immediately report that fact to
the Department of Public Safety on a form prescribed by the
department. The report must include the beginning date of the
person's community supervision. Upon the person's successful
completion of the educational program, the person's instructor
shall give notice to the Department of Public Safety for inclusion
in the person's driving record and to the community supervision and
corrections department. The community supervision and corrections
department shall then forward the notice to the court clerk for
filing. If the Department of Public Safety does not receive notice
that a defendant required to complete an educational program has
successfully completed the program within the period required by
this section, as shown on department records, the department shall
revoke the defendant's driver's license, permit, or privilege or
prohibit the person from obtaining a license or permit, as provided
by Sections 521.344(e) and (f), Transportation Code. The Department
of Public Safety may not reinstate a license suspended under this
subsection unless the person whose license was suspended makes
application to the department for reinstatement of the person's
license and pays to the department a reinstatement fee of $150
[$50]. The Department of Public Safety shall remit all fees
collected under this subsection to the comptroller for deposit in
the general revenue fund. This subsection does not apply to a
defendant if a jury recommends community supervision for the
defendant and also recommends that the defendant's driver's license
not be suspended.
SECTION 4. Chapter 481.064, Health and Safety Code, is
amended to read as follows:
Sec. 481.064. REGISTRATION FEES. (a) The director may
charge a nonrefundable fee of not more than $50 [$25] before
processing an application for annual registration. The director by
rule shall set the amount of the fee at the amount that is necessary
to cover the cost of administering and enforcing this subchapter.
Except as provided by Subsection (b), registrants shall pay the
fees to the director.
(b) The director may authorize a contract between the
department and an appropriate state agency for the collection and
remittance of the fees. The director by rule may provide for
remittance of the fees collected by state agencies for the
department.
(c) The director shall deposit the collected fees to the
credit of the operator's and chauffeur's license account in the
general revenue fund. The fees may be used only by the department
in the administration or enforcement of this subchapter.
SECTION 5. Art. 102.007, Code of Criminal Procedure, is
amended to read as follows:
Art. 102.007. FEE FOR COLLECTING AND PROCESSING SIGHT
ORDER. (a) A county attorney, district attorney, or criminal
district attorney may collect a fee if his office collects and
processes a check or similar sight order if the check or similar
sight order:
(1) has been issued or passed in a manner that makes
the issuance or passing an offense under:
(A) Section 31.03, Penal Code;
(B) Section 31.04, Penal Code; or
(C) Section 32.41, Penal Code; or
(2) has been forged, as defined by Section 32.21,
Penal Code.
(b) The county attorney, district attorney, or criminal
district attorney may collect the fee from any person who is a party
to the offense described in Subsection (a).
(c) The amount of the fee may not exceed:
(1) $20 [$10] if the face amount of the check or sight
order does not exceed $10;
(2) $30 [$15] if the face amount of the check or sight
order is greater than $10 but does not exceed $100;
(3) $45 [$30] if the face amount of the check or sight
order is greater than $100 but does not exceed $300;
(4) $50 if the face amount of the check or sight order
is greater than $300 but does not exceed $500; and
(5) $75 if the face amount of the check or sight order
is greater than $500.
(d) If the person from whom the fee is collected was a party
to the offense of forgery, as defined by Section 32.21, Penal Code,
committed by altering the face amount of the check or sight order,
the face amount as altered governs for the purposes of determining
the amount of the fee.
(e) In addition to the collection fee specified in
Subsection (c) of this article, the county attorney, district
attorney, or criminal district attorney may collect the fee
authorized by Section 3.506, Business & Commerce Code, for the
benefit of the holder of a check or its assignee, agent,
representative, or any other person retained by the holder to seek
collection of the check.
(f) Fees collected under Subsection (c) of this article
shall be deposited in the county treasury in a special fund to be
administered by the county attorney, district attorney, or criminal
district attorney. Expenditures from this fund shall be at the sole
discretion of the attorney and may be used only to defray the
salaries and expenses of the prosecutor's office, but in no event
may the county attorney, district attorney, or criminal district
attorney supplement his or her own salary from this fund.
SECTION 6. Section 118.011(b), Local Government Code, is
amended to read as follows:
(b) The county clerk may set and collect the following fee
from any person:
(1) Returned Check (Sec. 118.0215) ___________ not
less than $15 or more than $25
(2) Records Management and Preservation Fee (Sec.
118.0216) ___________ not more than $10 [$5]
(3) Mental Health Background Check for License to
Carry a Concealed Weapon (Sec. 118.0217) ___________ not more than
$2
SECTION 7. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after September 1, 2003.
(c) An offense committed before September 1, 2003, is
covered by the law in effect when 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 September 1, 2003, if
any element of the offense was committed before that date.