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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of the driver responsibility |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 708, Transportation Code, |
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is amended by adding Section 708.004 to read as follows: |
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Sec. 708.004. DEPARTMENT'S DETERMINATION OF AMOUNT OF |
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SURCHARGE. The department by rule shall set the amount of a |
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surcharge to be assessed under this chapter on a person's license. |
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The amount may not exceed the maximum amount allowed by this chapter |
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for a surcharge based on points or a conviction, as applicable. The |
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amount shall be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the amount necessary to deter a future violation; |
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and |
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(3) the amount that maximizes the collection of |
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surcharges by the department. |
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SECTION 2. Section 708.054, Transportation Code, is amended |
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to read as follows: |
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Sec. 708.054. AMOUNT OF POINTS SURCHARGE. The amount of a |
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surcharge under this chapter may not exceed [is] $100 for the first |
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six points and may not exceed $25 for each additional point. |
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SECTION 3. Section 708.102(c), Transportation Code, is |
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amended to read as follows: |
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(c) The amount of a surcharge under this section may not |
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exceed [is] $1,000 per year, except that the amount of the surcharge |
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may not exceed [is]: |
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(1) $1,500 per year for a second or subsequent |
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conviction within a 36-month period; and |
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(2) $2,000 for a first or subsequent conviction if it |
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is shown on the trial of the offense that an analysis of a specimen |
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of the person's blood, breath, or urine showed an alcohol |
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concentration level of 0.16 or more at the time the analysis was |
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performed. |
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SECTION 4. Section 708.103(b), Transportation Code, is |
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amended to read as follows: |
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(b) The amount of a surcharge under this section may not |
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exceed [is] $250 per year. |
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SECTION 5. Section 708.104(b), Transportation Code, is |
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amended to read as follows: |
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(b) The amount of a surcharge under this section may not |
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exceed [is] $100 per year. |
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SECTION 6. Section 708.105, Transportation Code, is amended |
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by adding Subsections (c) and (d) to read as follows: |
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(c) Before accepting a plea other than a plea under Article |
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27.14(d), Code of Criminal Procedure, the court must provide a |
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defendant charged with an offense described by Section 708.102, |
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708.103, or 708.104 the following statement and require the |
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defendant to sign the statement: |
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"A conviction for the offense charged will result in the |
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assessment of a surcharge that will be imposed annually for a period |
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of 36 months under the Driver Responsibility Program." |
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(d) The statement provided to a defendant under Subsection |
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(c) must also state the maximum amount of the annual surcharge as |
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provided by Section 708.102, 708.103, or 708.104. The copy of the |
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statement signed by the defendant shall be retained by the court. |
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SECTION 7. Section 708.157, Transportation Code, is amended |
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by amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) The department by rule shall [may] establish an |
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indigency program to reduce the surcharge on a person's license if |
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the department determines that the person is indigent [for holders
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of a driver's license on which a surcharge has been assessed for
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certain offenses, as determined by the department]. The department |
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shall require a person to submit proof of indigency. |
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(d) For purposes of this section, a person is indigent if |
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the person's income is not more than 100 percent of the applicable |
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income level established by the federal poverty guidelines. |
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SECTION 8. (a) Not later than October 1, 2010, the |
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Department of Public Safety shall adopt initial rules determining |
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the amount of a surcharge on a person's driver's license under |
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Chapter 708, Transportation Code, as amended by this Act. Not later |
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than October 1 of each subsequent year, the Department of Public |
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Safety shall review its rules and determine whether the amount of a |
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surcharge should be increased or decreased. |
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(b) A surcharge imposed under Chapter 708, Transportation |
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Code, before the effective date of the initial rules adopted by the |
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Department of Public Safety under Subsection (a) of this section is |
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governed by that chapter as it existed on the date the surcharge was |
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imposed, and the former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2009. |