Amend CSHB 2730 by adding the following appropriately
numbered SECTIONS to the bill and renumbering subsequent SECTIONS
of the bill accordingly:
SECTION ____. Sec. 708.151, Transportation Code, is
amended as follows:
NOTICE OF SURCHARGE. (a) The department shall send notices
as required by Subsection (b) to [notify] the holder of a driver's
license when [of the assessment of] a surcharge is assessed on that
license. Each notice must:
(1) be sent by first class mail [sent] to the person's
most recent address as shown on the records of the department or to
the person's most recent forwarding address on record with the
United States Postal Service if it is different;
(2)[. The notice must] specify the date by which the
surcharge must be paid;
(3) state the total dollar amount of the surcharge
which must be paid, the number of monthly payments required under an
installment payment plan, and the minimum monthly payment required
for a person to enter and maintain an installment payment plan with
the department; and
(4) state the consequences of a failure to pay the
surcharge.
(b) The department shall send a first notice not later than
the fifth day after the date the surcharge is assessed. Any notice
under this section shall also include a conspicuous notice
regarding the ability of a person to qualify as indigent under
Section 708.158 Transportation Code, the procedures to establish
with the Department their indigent status so that they may qualify
for the reduced surcharges as set forth in 708.158 Transportation
Code.
(c) Once a person is recognized as an indigent under
708.158 Transportation Code , the department shall send a new
notification to that person which accurately reflects the reduced
surcharges owed.
(d) If on or before the 45th day after the date the first
notice was sent the person fails to pay the amount of the surcharge
or fails to enter into an installment payment agreement with the
department, the department shall send a second notice. If on or
before the 60th day after the date the second notice was sent the
person fails to pay the amount of the surcharge or fails to enter
into an installment payment agreement with the department, the
department shall send a third notice which advises the person that
his/her driving privileges are suspended.
SECTION ____. Section 708.152(a), Transportation Code, is
amended to read as follows:
(a) If on the 60th day after the date the department sends a
second notice under Section 708.151 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. The person's license may
not be suspended under this section before the 105th day after the
surcharge was assed by the Department.
SECTION ____. Section 708.153(b), Transportation Code, is
amended to read as follows:
(b) A rule under this section:
(1) may not require [permit] a person to pay a
surcharge over a period of less [more] than 36 consecutive months
for surcharges in the amount of $500 or more; may not require a
person to pay a surcharge over a period of less than 24 consecutive
months for surcharges $250 to $499; and may not require a person to
pay a surcharge over a period of less than 12 consecutive months for
surcharges of $249 or less; and
(2) may provide that if the person fails to make [a]
any required monthly installment payment, the department may
reestablish the installment plan upon receipt of a payment in the
amount at least equal to a required monthly installment payment.
[or declare the amount of the unpaid surcharge immediately due and
payable.]
SECTION ____. Subchapter D, Chapter 708, Transportation
Code, is amended by adding Section 708.158 to read as follows:
Sec. 708.158. INDIGENT STATUS AND REDUCTION OF SURCHARGES.
(a) The department shall waive 75 percent of all surcharges
assessed under Chapter 708 of the Transportation Code for a person
meeting the criteria set forth in Subsections (b) and (c) hereof.
(b) The department shall waive 80 percent of all surcharges
against a person who is indigent. For the purposes of this
subsection, a person is indigent if:
(1) the person provides evidence described by
Subsection (c) to the department; or
(2) the person is a full-time student taking twelve or
more credit hours who:
(A) is enrolled in an accredited public, private,
or independent institution of higher education; and
(B) provides evidence described by Subsection
(d) to the department.
(c) A person must provide the following information to the
department that the person's income or the person's household
income does not exceed 125 percent of the applicable income level
established by the federal poverty guidelines, the following
documentation may be used as such proof:
(1) a copy of the person's most recent federal income
tax return; or
(2) a copy of the person's most recent statement of
wages; or
(3) documentation from a federal agency, state agency,
or school district that indicates that the person or, if the person
is a dependent as defined by Section 152 of Internal Revenue Code,
the taxpayer claiming the person as a dependent, receives
assistance from:
(A) the food stamp program or the financial
assistance program established under Chapter 31, Human Resources
Code;
(B) the federal special supplemental nutrition
program for women, infants, and children authorized by 42 U.S.C.
Section 1786;
(C) the medical assistance program under Chapter
32, Human Resources Code;
(D) the child health plan program under Chapter
62, Health and Safety Code; or
(E) the national free or reduced-price lunch
program established under 42 U.S.C. Section 1751 et seq.