79R2198 JTS-D

By:  Berman                                                       H.B. No. 344


A BILL TO BE ENTITLED
AN ACT
relating to the civil consequences of a conviction for certain offenses involving driving while a driver's license is invalid or driving without evidence of financial responsibility. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 601.231, Transportation Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a) If a person is convicted of an offense under Section 601.191 and a prior conviction of that person under that section has been reported to the department by a magistrate or the judge or clerk of a court, the department shall suspend the [driver's license and] vehicle registrations of the person unless the person files and maintains evidence of financial responsibility with the department until the second anniversary of the date of the subsequent conviction. (a-1) If a person is convicted of an offense under Section 601.191, the department shall suspend the driver's license of the person: (1) for six months if one prior conviction of that person under that section has been reported to the department by a magistrate or the judge or clerk of a court; or (2) for one year if two or more prior convictions of that person under that section have been reported to the department by a magistrate or the judge or clerk of a court. SECTION 2. Section 601.232, Transportation Code, is amended to read as follows: Sec. 601.232. NOTICE OF SUSPENSION. (a) The department shall mail in a timely manner a notice to each person whose driver's license or [and] vehicle registration is [registrations are] suspended under Section 601.231. (b) The notice must state that the person's driver's license or [and] registration is [are] suspended and that the person may apply for reinstatement of the license or [and] vehicle registration or issuance of a new license or [and] registration as provided by Section [Sections 601.162 and] 601.376. SECTION 3. Section 601.233, Transportation Code, is amended to read as follows: Sec. 601.233. NOTICE OF POTENTIAL SUSPENSION. (a) A citation for an offense under Section 601.191 issued as a result of Section 601.053 must include, in type larger than other type on the citation, the following statement: "A second or subsequent conviction of an offense under the Texas Motor Vehicle Safety Responsibility Act will result in the suspension of your [driver's license and] motor vehicle registration unless you file and maintain evidence of financial responsibility with the Department of Public Safety for two years from the date of conviction. A second conviction of an offense under that Act will result in the suspension of your driver's license for a period of 30 days. A third or subsequent conviction of an offense under that Act will result in the suspension of your driver's license for a period of not less than one year. The department may waive the requirement to file evidence of financial responsibility if you file satisfactory evidence with the department showing that at the time this citation was issued, the vehicle was covered by a motor vehicle liability insurance policy or that you were otherwise exempt from the requirements to provide evidence of financial responsibility." (b) A judge presiding at a trial at which a person is convicted of a second or subsequent [an] offense under Section 601.191 shall notify the person that the Department of Public Safety will suspend the person's driver's license [is subject to suspension if the person fails to provide to the department evidence of financial responsibility] as provided [required] by Section 601.231(a-1) [601.231]. SECTION 4. Section 708.103, Transportation Code, is amended to read as follows: 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: (1) during the preceding 12-month [36-month] period has been convicted of an offense under Section 521.457, 601.191, or 601.371; (2) during the preceding 24-month period has been convicted of a second offense under Section 521.457, 601.191, or 601.371; or (3) during the preceding 36-month period has been convicted of a third or subsequent offense under Section 521.457, 601.191, or 601.371. (b) The amount of a surcharge under Subsection (a)(1) [this section] is $250 [per year]. The amount of a surcharge under Subsection (a)(2) or (3) is $250 per year. SECTION 5. The change in law made by this Act to Section 601.231, Transportation Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act 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 the effective date of this Act if any element of the offense occurred before that date. SECTION 6. This Act takes effect September 1, 2005.