Amend SB 896 (Senate committee printing) by striking all 
below the enacting clause and substituting the following:
	SECTION 1.  Section 708.151, Transportation Code, is amended 
to read as follows:
	Sec. 708.151.  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;
		(2)[.  The notice must] specify the date by which the 
surcharge must be paid; and
		(3)  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. If before 
the 30th 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 before the 30th 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.
	SECTION 2.  Section 708.152(a), Transportation Code, is 
amended to read as follows:
	(a)  If before the 30th day after the date the department 
sends a third 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.
	SECTION 3.  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; 
and
		(2)  may provide that if the person fails to make a 
required installment payment, the department may reestablish the 
installment plan or declare the amount of the unpaid surcharge 
immediately due and payable.
	SECTION 4.  Subchapter D, Chapter 708, Transportation Code, 
is amended by adding Section 708.158 to read as follows:
	Sec. 708.158.  JURISDICTION.  (a)  For the time a surcharge 
under this chapter is outstanding, the court in which a person is 
convicted of the offense that is the basis for the surcharge has 
jurisdiction over the person, the department, and all agents of the 
department regarding all matters relating to the surcharge.
	(b)  The court may reduce or waive a surcharge under this 
chapter.  A person who is assessed a surcharge may file a pleading, 
request a hearing, or otherwise invoke the jurisdiction of the 
court described by Subsection (a) at any time the person is required 
to pay a surcharge or is subject to any other enforcement procedure 
described by this chapter.
	(c)  The department may not assess a surcharge 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 (d) to the court in which the person is convicted of the 
offense that is the basis for the surcharge; or
		(2)  the person is a full-time student who:                            
			(A)  is enrolled in a public, private, or 
independent institution of higher education; and
			(B)  provides evidence described by Subsection 
(d) to the court in which the person is convicted of the offense 
that is the basis for the surcharge.
	(d)  A person must provide the following information to the 
court in which the person is convicted of the offense that is the 
basis for the surcharge as evidence that the person's income or the 
person's household income does not exceed 200 percent of the 
applicable income level established by the federal poverty 
guidelines:
		(1)  a copy of the person's most recent federal income 
tax return;   
		(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 a member of the 
person's family with whom the person resides 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.
	(e)  If a court holds a hearing and finds that a person is 
indigent based on the information provided to the court by the 
person under Subsection (d), the court shall notify the department 
that the person is indigent.
	SECTION 5.  Subchapter B, Chapter 708, Transportation Code, 
is amended by adding Section 708.056 to read as follows:
	Sec. 708.056.  DEDUCTION OF POINTS.  The department by rule 
shall establish a procedure to provide for the deduction of one 
point accumulated by a person under this subchapter to account for 
each year that the person has not accumulated points under this 
subchapter.
	SECTION 6.  The changes in law made by this Act apply only to 
a surcharge that is assessed on or after the effective date of this 
Act.  A surcharge that was assessed before the effective date of 
this Act is subject to the law in effect on the date the surcharge 
was assessed, and that law is continued in effect for that purpose.
	SECTION 7.  This Act takes effect September 1, 2009.                           



SHAPIRO                                                                     

SHAPLEIGH