By: Shapiro S.B. No. 1447
A BILL TO BE ENTITLED
AN ACT
relating to the creation and implementation of the driver
responsibility program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 7, Subtitle I, Transportation Code, is
amended by adding Chapter 707 to read as follows:
CHAPTER 707. DRIVER RESPONSIBILITY PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 707.001. PURPOSE. The purpose of the driver
responsibility program is to:
(1) enhance public safety of roads, streets, and
highways; and
(2) hold irresponsible drivers accountable for their
actions and for the enormous societal and financial costs they
impose on citizens and taxpayers.
Sec. 707.002. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Public
Safety.
(2) "License" has the meaning assigned by Section
521.001.
(3) "Motor vehicle points" means points assessed
against a license under Subchapter B.
SUBCHAPTER B. MOTOR VEHICLE POINTS SURCHARGE
Sec. 707.051. POINTS SURCHARGE. (a) A surcharge shall be
assessed annually by the department on the license of any driver who
in the preceding 36 month period, beginning on or after September 1,
2003, has accumulated six or more motor vehicle points.
(b) The accumulation of points shall be calculated as of the
date the point violation is posted to the driver history record and
shall be assessed under rules promulgated by the department.
Sec. 707.052. AMOUNT OF POINTS SURCHARGE. A surcharge
under Section 707.051 shall be in the amount of:
(1) $100 for six motor vehicle points in the preceding
36 month period; and
(2) $25 for each additional point.
Sec. 707.053. POINTS CLASSIFICATION. (a) One motor
vehicle point shall be assigned for each conviction that arises out
of a different transaction for a violation under Section 545.413 or
a similar law in another state.
(b) Two points shall be assigned for each conviction that
arises out of a different transaction for a moving violation of the
traffic laws, not described elsewhere in this section, either of
this state or a similar law in another state.
(c) Three points shall be assigned for each conviction that
arises out of a different transaction for a moving violation of the
traffic laws of this state or any state or political subdivision
that results in a traffic accident.
SUBCHAPTER C. SURCHARGES FOR CERTAIN OFFENSES
Sec. 707.101. DRIVING WHILE INTOXICATED; REFUSAL TO
CONSENT. (a) A surcharge shall be assessed annually by the
department on the license of a driver who in the preceding 36 month
period, beginning on or after September 1, 2003, has been convicted
of an offense for driving while intoxicated under Section 49.04,
Penal Code, or refusal to consent to the taking of a specimen under
Section 724.011.
(b) A surcharge under this section shall be in the amount of
$1,000 per year for a maximum of three years.
(c) If the DWI and refusal occur as the result of the same
transaction, then only one of the violations is surcharged.
(d) The third or subsequent offense within a three year
period shall be assessed in the amount of $1,500 per year for three
years.
Sec. 707.102. DRIVING WITH SUSPENDED OR REVOKED LICENSE OR
WITHOUT EVIDENCE OF FINANCIAL RESPONSIBILITY. (a) A surcharge
shall be assessed annually by the department on the license of a
driver who in the preceding 36 month period, beginning on or after
September 1, 2003, has been convicted of an offense for:
(1) driving with a suspended or revoked license; or
(2) driving without evidence of financial
responsibility.
(b) A surcharge under this section shall be in the amount of
$250 per year for a maximum of three years.
Sec. 707.103. DRIVING WITH EXPIRED LICENSE OR WITHOUT
LICENSE. (a) A surcharge shall be assessed annually by the
department on the license of a driver who in the preceding 36 month
period, beginning on or after September 1, 2003, has been convicted
of an offense for:
(1) driving without a license; or
(2) driving with an expired license.
(b) A surcharge under this section shall be in the amount of
$100 per year for a maximum of three years.
Sec. 707.104. NO ASSESSMENT OF POINTS. If a surcharge is
assessed under this subchapter, the same conviction that gives rise
to a surcharge under this subchapter shall not be the basis of a
motor vehicle points surcharge under Subchapter B.
SUBCHAPTER D. COLLECTION OF SURCHARGES
Sec. 707.151. ASSESSMENT. (a) No offense shall be
selected for billing which occurred prior to September 1, 2003.
(b) No offense shall be considered in more than three annual
assessments.
Sec. 707.152. PAYMENT. (a) The department shall make
rules regarding payment of a surcharge.
(b) The department may authorize payment of the surcharge on
an installment basis over a period not to exceed 12 months for
assessments under $2,300 or 24 months for assessments of $2,300 or
more.
Sec. 707.153. CREDIT CARD PAYMENT. The department may
authorize any person to pay the surcharge by use of a credit card.
The department may require the person to pay all costs incurred by
the department in connection with the acceptance of the credit
card. If a surcharge or related administrative fee is paid by
credit card and the amount is subsequently reversed by the credit
card company or bank, the license or other driving privilege of the
driver is suspended and the driver shall be subject to the same fee
imposed for issuance of a bad check under Section 32.41, Penal Code.
Sec. 707.154. FAILURE TO PAY SURCHARGE. (a) If upon
written notification from the department, mailed to the last
address of record the department has for the driver, a driver fails
to pay a surcharge assessed under this chapter, the license or other
driving privilege of the driver shall be suspended until the
minimum payment requirement is paid to the department.
(b) If a driver fails to pay the surcharge or any
installments on the surcharge, the total surcharge shall become due
immediately except as otherwise prescribed by department rule.
SUBCHAPTER E. DISPOSITION OF SURCHARGES
SECTION 707.201. DISPOSITION OF SURCHARGES. Each surcharge
collected under this chapter shall be deposited to the credit of the
Texas mobility fund.
SECTION 2. This Act takes effect September 1, 2003.