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.