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A BILL TO BE ENTITLED
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AN ACT
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relating to the driver responsibility program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 708.151, Transportation Code, is amended |
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to read as follows: |
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Sec. 708.151. NOTICE OF SURCHARGE. (a) The department |
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shall send notices as required by Subsection (b) to [notify] the |
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holder of a driver's license when [of the assessment of] a surcharge |
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is assessed on that license. Each notice must: |
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(1) be sent by first class mail [sent] to the person's |
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most recent address as shown on the records of the department; |
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(2)[. The notice must] specify the date by which the |
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surcharge must be paid; and |
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(3) state the consequences of a failure to pay the |
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surcharge. |
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(b) The department shall send a first notice not later than |
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the fifth day after the date the surcharge is assessed. If before |
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the 30th day after the date the first notice was sent the person |
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fails to pay the amount of the surcharge or fails to enter into an |
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installment payment agreement with the department, the department |
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shall send a second notice. If before the 30th day after the date |
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the second notice was sent the person fails to pay the amount of the |
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surcharge or fails to enter into an installment payment agreement |
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with the department, the department shall send a third notice. |
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SECTION 2. Section 708.152(a), Transportation Code, is |
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amended to read as follows: |
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(a) If before the 30th day after the date the department |
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sends a third notice under Section 708.151 the person fails to pay |
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the amount of a surcharge on the person's license or fails to enter |
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into an installment payment agreement with the department, the |
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license of the person is automatically suspended. |
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SECTION 3. Section 708.153(b), Transportation Code, is |
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amended to read as follows: |
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(b) A rule under this section: |
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(1) may not require [permit] a person to pay a |
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surcharge over a period of less [more] than 36 consecutive months; |
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and |
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(2) may provide that if the person fails to make a |
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required installment payment, the department may reestablish the |
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installment plan or declare the amount of the unpaid surcharge |
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immediately due and payable. |
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SECTION 4. Subchapter D, Chapter 708, Transportation Code, |
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is amended by adding Section 708.158 to read as follows: |
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Sec. 708.158. JURISDICTION. (a) For the time a surcharge |
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under this chapter is outstanding, the court in which a person is |
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convicted of the offense that is the basis for the surcharge has |
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jurisdiction over the person, the department, and all agents of the |
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department regarding all matters relating to the surcharge. |
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(b) The court may reduce or waive a surcharge under this |
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chapter. A person who is assessed a surcharge may file a pleading, |
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request a hearing, or otherwise invoke the jurisdiction of the |
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court described by Subsection (a) at any time the person is required |
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to pay a surcharge or is subject to any other enforcement procedure |
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described by this chapter. |
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(c) The department may not assess a surcharge against a |
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person who is indigent. For purposes of this section, a person is |
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presumed to be indigent if the person was represented by appointed |
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counsel at the person's trial for the offense that is the basis for |
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the surcharge. |
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SECTION 5. The changes in law made by this Act apply only to |
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a surcharge that is assessed on or after the effective date of this |
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Act. A surcharge that was assessed before the effective date of |
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this Act is subject to the law in effect on the date the surcharge |
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was assessed, and that law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |