80R1913 MTB-D

By: Ogden S.B. No. 1723

A BILL TO BE ENTITLED

AN ACT

relating to the collection of surcharges assessed under the driver responsibility program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 708.153(b), Transportation Code, is amended to read as follows:

(b) A rule under this section:

(1) may not permit a person to pay a surcharge over a period of more than 36 consecutive months; and

(2) may provide that if the person fails to make a required installment payment, the department may establish a new installment plan on different terms or declare the amount of the unpaid surcharge immediately due and payable.

SECTION 2. Section 708.155, Transportation Code, is amended to read as follows:

Sec. 708.155. CONTRACTS FOR COLLECTION OF SURCHARGES. (a) 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 and related costs under this chapter.

(b) The department may enter into additional contracts under Subsection (a) that provide for alternative or additional collection methods for surcharges receivable that have not been collected under the original contract.

(c) The total amount of compensation under a contract entered into under this section may not exceed 30 percent of the amount of the surcharges and related costs collected.

SECTION 3. Subchapter D, Chapter 708, Transportation Code, is amended by adding Sections 708.157 and 708.158 to read as follows:

Sec. 708.157. AMNESTY AND INCENTIVES. (a) The department by rule may establish a periodic amnesty program for holders of a driver's license on which a surcharge has been assessed for certain offenses, as determined by the department.

(b) The department by rule may offer a holder of a driver's license on which a surcharge has been assessed an incentive for compliance with the law and efforts at rehabilitation, including a reduction of a surcharge or a decrease in the length of an installment plan.

Sec. 708.158. LIENS. The department has a lien on personal property belonging to the holder of a driver's license on which a surcharge has been assessed under Subchapter B or Section 708.102 to enforce payment of the surcharge and any related costs. The lien is enforceable as provided by law.

SECTION 4. The changes in law made by this Act to Section 708.155, Transportation Code, do not affect the entitlement of a private attorney or a public or private vendor with whom the Department of Public Safety contracts under that section immediately before September 1, 2007, to bid on the additional contract.

SECTION 5. This Act takes effect September 1, 2007.