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BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 1583

82R23632 JAM-D

By: Ogden

 

Finance

 

4/21/2011

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

C.S.S.B. 1583 amends current law relating to state fiscal matters.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

ARTICLE 1.  REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES GENERALLY

 

SECTION 1.01.  Provides that this article applies to any state agency that receives an appropriation under Article V of the General Appropriations Act.

 

SECTION 1.02.  Provides that, notwithstanding any other statute of this state, each state agency to which this article applies is authorized to reduce or recover expenditures by:

 

(1)  consolidating any reports or publications the agency is required to make and filing or delivering any of those reports or publications exclusively by electronic means;

 

(2)  extending the effective period of any license, permit, or registration the agency grants or administers;

 

(3)  entering into a contract with another governmental entity or with a private vendor to carry out any of the agency's duties;

 

(4)  adopting additional eligibility requirements for persons who receive benefits under any law the agency administers to ensure that those benefits are received by the most deserving persons consistent with the purposes for which the benefits are provided;

 

(5)  providing that any communication between the agency and another person and any document required to be delivered to or by the agency, including any application, notice, billing statement, receipt, or certificate, may be made or delivered by e-mail or through the Internet; and

 

(6)  adopting and collecting fees or charges to cover any costs the agency incurs in performing its lawful functions.

 

ARTICLE 2.   FISCAL MATTERS REGARDING ALCOHOLIC

BEVERAGE REGULATION

 

SECTION 2.01.  Repealer: Section 5.56 (Funding of Texas Wine Marketing Assistance Program), Alcoholic Beverage Code.

 

ARTICLE 3.  FISCAL MATTERS REGARDING THE DRIVER'S LICENSE SYSTEM

 

SECTION 3.01.  Amends Subchapter A, Chapter 521, Transportation Code, by adding Section 521.007, as follows:

 

Sec.  521.007.  TEMPORARY VISITOR STATIONS.  (a)  Requires the Department of Public Safety of the State of Texas (DPS) to designate as temporary visitor stations certain driver's license offices.

 

(b)  Requires a driver's license office  designated as a temporary visitor station under this section to have at least two staff members who have completed specialized training on the temporary visitor issuance guide published by DPS.

 

(c)  Requires a driver's license office designated as a temporary visitor station to provide information and assistance to other driver's license offices in the state.

 

SECTION 3.02.  Amends Section 521.421, Transportation Code, by adding Subsection (a-3) to provide that except as provided by Subsections (a-1) (relating to the fee for a personal identification certificate) and (a-2) (relating to the fee for a personal identification certificate for certain persons), the fee for a driver's license or personal identification certificate that is issued to a person who is not a citizen, national, or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States and that is valid for not more than one year is $24.

 

SECTION 3.03.  Amends Chapter 521, Transportation Code, by adding Subchapter T, as follows:

 

SUBCHAPTER T.  DRIVER'S LICENSE SYSTEM IMPROVEMENT; ACCOUNT AND FEES

 

Sec.  521.481.  DRIVER'S LICENSE SYSTEM IMPROVEMENT ACCOUNT.  (a)  Provides that the driver's license system improvement account is an account in the general revenue fund that is authorized to be appropriated only for the purposes of improving and maintaining the driver's license system.

 

(b)  Provides that the account consists of money deposited to the account under this subchapter.

 

Sec.  521.482.  DRIVER'S LICENSE SYSTEM IMPROVEMENT FEES.  (a)  Requires DPS to collect a fee of:

 

(1)  $8 for the issuance or renewal of a driver's license or personal identification certificate described by Section 521.421(a) (relating to the fee for issuance or renewal of a license) or (a-3);

 

(2)  $20 for the issuance of a commercial driver's license or a commercial driver leaner's permit issued to a resident of this state who is not a citizen, national, or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States; and

 

(3)  $40 for the issuance of a nonresident commercial driver's license that is issued to a person who is not a resident of this state and not a citizen, national, or legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States.

 

(b)  Authorizes a fee collected under this section to be used only for the improvement of the driver's license system and requires that the fee be deposited to the credit of the driver's license system improvement account.

 

Sec.  521.483.  RECORD REQUEST STANDARDIZATION FEE.  (a)  Requires DPS to charge a standardization fee for records requested under Subchapter C (Department License Records).

 

(b)  Provides that subject to Section 521.046(b) (relating to reducing the fee for information requests over certain quantities), the amount of the standardization fee for a record request under Subchapter C is:

 

(1) $2.50 if the fee otherwise imposed is $2.50;

 

(2) $6 if the fee otherwise imposed is $4;

 

(3) $5.50 if the fee otherwise imposed is $4.50;

 

(4) $5 if the fee otherwise imposed is $5;

 

(5) $4.50 if the fee otherwise imposed is $5.50;

 

(6) $4 if the fee otherwise imposed is $6; and

 

(7) $3 if the fee otherwise imposed is $7.

 

(c)  Requires that a standardization fee collected under this system be deposited to the credit of the driver's license system improvement account.

 

Sec.  521.484.  DRIVER'S LICENSE REINSTATEMENT OR REISSUANCE STANDARDIZATION FEE.  (a)  Requires DPS to collect a standardization fee of $25 for the reinstatement or reissuance of a license under Section 521.313 (Reinstatement and Reissuance; Fee), 521.3466(d) (relating to prohibition of issuance of a driver's license to certain persons before certain dates), or 601.376 (Reinstatement Fee) of this code, or Section 13 (DWI Community Supervision), Article 42.12, Code of Criminal Procedure.

 

(b)  Requires that a standardization fee collected under this section be deposited to the credit of the driver's license system improvement account.

 

ARTICLE 4.  FISCAL MATTERS RELATING TO THE AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY

 

SECTION 4.01.  Amends Section 10, Article 4413(37), Revised Statutes, by amending Subsection (b) and adding Subsection (e), as follows:

 

(b)  Requires an insurer to pay to the Automobile Burglary and Theft Prevention Authority (authority) a fee equal to $2, rather than $1, multiplied by the total number of motor vehicle years of insurance for insurance policies delivered, issued for delivery, or renewed by the insurer.

 

(e)  Requires that fifty percent of each fee collected under Subsection (b) be appropriated only to the authority for the purposes of this article.

 

ARTICLE 5.  TRANSITION PROVISIONS AND EFFECTIVE DATE

 

SECTION 5.01.  Requires DPS, not later than January 1, 2013, to submit to the legislature a report evaluating the effectiveness of the temporary visitor stations established under Section 521.007, Transportation Code, as added by this Act.

 

SECTION 5.02.  Makes application of the changes in law made by this Act to Chapter 521 (Driver's Licenses and Certificates), Transportation Code, prospective.

 

SECTION 5.03.  Makes application of the fee imposed by Section 521.483, Transportation Code, as added by this Act, prospective.

 

SECTION 5.04.  Makes application of Section 10 (relating to insurance for motor vehicles), Article 4413(37), Revised Statutes, as amended by this Act, prospective.

 

SECTION 5.05.  Effective date: September 1, 2011.