78R9658 JD-F
By: Delisi, Capelo, Driver, Heflin, H.B. No. 3203
Cook of Colorado, et al.
Substitute the following for H.B. No. 3203:
By: Garza C.S.H.B. No. 3203
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the driver responsibility program to
fund certain emergency medical services, trauma facilities, and
trauma care systems in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 7, Transportation Code, is
amended by adding Chapter 707 to read as follows:
CHAPTER 707. DRIVER RESPONSIBILITY PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 707.001. DEFINITIONS. In this chapter, "department"
and "license" have the meanings assigned by Section 521.001.
Sec. 707.002. RULES. The department shall adopt and
enforce rules to implement and enforce this chapter.
Sec. 707.003. 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 707.004-707.050 reserved for expansion]
SUBCHAPTER B. DRIVER'S LICENSE POINTS SURCHARGE
Sec. 707.051. 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. 707.052. 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:
(1) the related conviction under Section 521.042 or
other applicable law; or
(2) the related license suspension under Chapter 601
or 724.
(b) For each conviction arising out of a separate
transaction, the department shall assign points to a person's
license as follows:
(1) one point for an offense under Section 545.413 or
an analogous law of another state;
(2) two points for a moving violation of the traffic
law of this state or another state that is not described by
Subdivision (1) or (3); and
(3) 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.
Sec. 707.053. 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. 707.054. 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. 707.055. 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 707.056-707.100 reserved for expansion]
SUBCHAPTER C. SURCHARGES FOR CERTAIN CONVICTIONS AND
LICENSE SUSPENSIONS
Sec. 707.101. NONAPPLICABILITY. This subchapter does not
apply to a conviction or a license suspension that became final
before September 1, 2003.
Sec. 707.102. 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 for a third or subsequent conviction within a
36-month period, the amount of the surcharge is $1,500 per year.
(d) A surcharge under this section for the same conviction
may not be assessed in more than three years.
Sec. 707.103. SURCHARGE FOR LICENSE SUSPENSION FOR REFUSAL
TO CONSENT TO BLOOD OR BREATH TEST. (a) Each year the department
shall assess a surcharge on the license of each person who during
the preceding 36-month period has had the person's license
suspended under Chapter 724 for a refusal to consent to the taking
of a specimen of the person's blood or breath to test for
intoxication.
(b) The amount of a surcharge under this section is $1,000
per year, except that for a third or subsequent license suspension
within a 36-month period, the amount of the surcharge is $1,500 per
year.
(c) A surcharge under this section for the same license
suspension may not be assessed in more than three years.
(d) If the conviction of the person for an offense relating
to the operating of a motor vehicle while intoxicated and the
suspension of license of the person arose from the same
transaction, the department may assess points to the person's
license for the conviction under Section 707.101 or the license
suspension under this section, but not both.
Sec. 707.104. 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. 707.105. 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 707.106-707.150 reserved for expansion]
SUBCHAPTER D. COLLECTION OF SURCHARGES
Sec. 707.151. 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. 707.152. FAILURE TO PAY SURCHARGE. (a) If before the
30th day after the date the department sends a notice under Section
707.151 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:
(1) the amount of the surcharge and any related costs;
and
(2) the reinstatement fee imposed by Section 521.313.
Sec. 707.153. 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. 707.154. 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:
(1) the amount of the surcharge and any related costs;
and
(2) the reinstatement fee imposed by Section 521.313.
Sec. 707.155. 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. 707.156. 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 2. 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
707, Transportation Code, to the comptroller.
(b) The comptroller shall deposit 99 percent of the amount
of the surcharges collected to the account established under this
chapter. 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 707, Transportation Code.
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. The administrator of a designated facility may request
a regional advisory council chairperson to petition the department
for disbursement of funds to a designated trauma facility in the
chairperson's trauma service area that has provided uncompensated
trauma care. 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.
Sec. 780.005. CONTROL OF EXPENDITURES FROM THE ACCOUNT.
Money distributed under Section 780.004 shall be used in accordance
with Section 780.004 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 3. This Act takes effect September 1, 2003.
SECTION 4. 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 Act, and any recommended changes to law to ensure appropriate
funding and coordination of services.