81R1175 ACP-D
 
  By: Gonzalez Toureilles H.B. No. 454
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the deduction of points or the removal of certain
  surcharges under the driver responsibility program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 708.103(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Section 708.202, each [Each] year
  the department shall assess a surcharge on the license of each
  person who during the preceding 36-month period has been convicted
  of an offense under Section 521.457, 601.191, or 601.371.
         SECTION 2.  Chapter 708, Transportation Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E. DEDUCTION OF POINTS OR ELIMINATION OF SURCHARGE
         Sec. 708.201.  ELIGIBILITY. A person who is paying a
  surcharge under this chapter is eligible for a deduction of points
  or elimination of a surcharge as provided by this subchapter if:
               (1)  the person has paid a surcharge for at least the
  preceding 12-month period because of:
                     (A)  an accumulation of points under Subchapter B;
  or
                     (B)  a conviction of an offense under Section
  601.191 or 601.371; and
               (2)  the person has not:
                     (A)  received a deduction of points or the
  elimination of a surcharge under this subchapter in the previous 24
  months; and
                     (B)  successfully completed a driving safety
  course approved by the Texas Education Agency or a course under the
  motorcycle operator training and safety program approved by the
  designated state agency under Chapter 662 in the previous 12
  months.
         Sec. 708.202.  DRIVING SAFETY COURSE REQUIRED. (a) A person
  who successfully completes a driving safety course approved by the
  Texas Education Agency or a course under the motorcycle operator
  training and safety program approved by the designated state agency
  under Chapter 662 is entitled to:
               (1)  a deduction of two points on the person's driver's
  license under Subchapter B; or
               (2)  elimination of a surcharge based on a conviction
  of an offense under Section 601.191 or 601.371.
         (b)  If the deduction of points under this section causes a
  person to have fewer than six points accumulated on the person's
  driver's license, the person is no longer required to pay a
  surcharge.
         SECTION 3.  This Act takes effect September 1, 2009.