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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of certain traffic laws; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 601.053, Transportation Code, is amended |
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by adding Subsections (c), (d), and (e) to read as follows: |
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(c) A document listed in Subsection (a) is sufficient |
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evidence that financial responsibility is established for a vehicle |
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if the document: |
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(1) identifies the operator of the vehicle as an |
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insured or as covered by the surety bond, deposit, or certificate of |
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self-insurance, regardless of whether the document identifies the |
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vehicle by make or model; or |
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(2) identifies the vehicle by make and model and as a |
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covered vehicle, regardless of whether the document identifies the |
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operator of the vehicle by name, provided that the document does not |
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specifically exclude the operator by name or age. |
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(d) A person commits an offense if the person fails or |
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refuses to provide to a peace officer the evidence of financial |
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responsibility as required by Subsection (a). An offense under |
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this subsection is a Class C misdemeanor. |
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(e) A court shall dismiss a charge of an offense under |
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Subsection (d) if the defendant presents to the court one of the |
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documents listed in Subsection (a) that was valid at the time that |
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the offense occurred. The court may assess the defendant an |
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administrative fee not to exceed $10 when the charge is dismissed. |
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Section 51.607, Government Code, does not apply to the |
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administrative fee. |
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SECTION 2. Section 601.195, Transportation Code, is amended |
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by adding Subsections (c) and (d) to read as follows: |
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(c) A motor vehicle that is operated in violation of |
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Subsection (a) may be impounded by, or at the order of, a peace |
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officer solely because of that violation. |
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(d) A motor vehicle may be impounded by or at the order of a |
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peace officer only if: |
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(1) written policies are adopted through a public |
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hearing process authorizing the impoundment; and |
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(2) the adopted policies provide for the issuance of a |
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citation to the operator for the applicable offense defined by |
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Subsection (a) or for charging the operator with the applicable |
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offense defined by Subsection (a) as an alternative to impoundment. |
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SECTION 3. Section 708.103(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 708.202, each [Each] year |
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the department shall assess a surcharge on the license of each |
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person who during the preceding 36-month period has been convicted |
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of an offense under Section 521.457, 601.191, or 601.371. |
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SECTION 4. Chapter 708, Transportation Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. DEDUCTION OF POINTS OR ELIMINATION OF SURCHARGE |
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Sec. 708.201. ELIGIBILITY. A person who is paying a |
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surcharge under this chapter is eligible for a deduction of points |
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or elimination of a surcharge as provided by this subchapter if: |
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(1) the person has paid a surcharge for at least the |
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preceding 12-month period because of: |
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(A) an accumulation of points under Subchapter B; |
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or |
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(B) a conviction of an offense under Section |
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601.191 or 601.371; and |
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(2) the person has not: |
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(A) received a deduction of points or the |
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elimination of a surcharge under this subchapter in the previous 24 |
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months; and |
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(B) successfully completed a driving safety |
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course approved by the Texas Education Agency or a course under the |
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motorcycle operator training and safety program approved by the |
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designated state agency under Chapter 662 in the previous 12 |
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months. |
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Sec. 708.202. DRIVING SAFETY COURSE REQUIRED. (a) A person |
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who successfully completes a driving safety course approved by the |
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Texas Education Agency or a course under the motorcycle operator |
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training and safety program approved by the designated state agency |
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under Chapter 662 is entitled to: |
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(1) a deduction of two points on the person's driver's |
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license under Subchapter B; or |
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(2) elimination of a surcharge based on a conviction |
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of an offense under Section 601.191 or 601.371. |
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(b) If the deduction of points under this section causes a |
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person to have fewer than six points accumulated on the person's |
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driver's license, the person is no longer required to pay a |
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surcharge. |
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SECTION 5. This Act takes effect September 1, 2009. |