By: Ogden S.B. No. 1583

(In the Senate - Filed March 11, 2011; March 23, 2011, read first time and referred to Committee on Finance; April 26, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 11, Nays 3; April 26, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1583 By: Ogden

A BILL TO BE ENTITLED

AN ACT

relating to state fiscal matters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES

GENERALLY

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

SECTION 1.02. 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. Section 5.56, Alcoholic Beverage Code, is repealed.

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

SECTION 3.01. Subchapter A, Chapter 521, Transportation Code, is amended by adding Section 521.007 to read as follows:

Sec. 521.007. TEMPORARY VISITOR STATIONS. (a) The department shall designate as temporary visitor stations certain driver's license offices.

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

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

SECTION 3.02. Section 521.421, Transportation Code, is amended by adding Subsection (a-3) to read as follows:

(a-3) Except as provided by Subsections (a-1) and (a-2), 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. Chapter 521, Transportation Code, is amended by adding Subchapter T to read as follows:

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

FEES

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

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

Sec. 521.482. DRIVER'S LICENSE SYSTEM IMPROVEMENT FEES. (a) The department shall 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) or (a-3);

(2) $20 for the issuance of a commercial driver's license or a commercial driver learner'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) A fee collected under this section may be used only for the improvement of the driver's license system and shall be deposited to the credit of the driver's license system improvement account.

Sec. 521.483. RECORD REQUEST STANDARDIZATION FEE. (a) The department shall charge a standardization fee for records requested under Subchapter C.

(b) Subject to Section 521.046(b), 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) A standardization fee collected under this section shall 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) The department shall collect a standardization fee of $25 for the reinstatement or reissuance of a license under Section 521.313, 521.3466(d), or 601.376 of this code, or Section 13, Article 42.12, Code of Criminal Procedure.

(b) A standardization fee collected under this section shall 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. Section 10, Article 4413(37), Revised Statutes, is amended by amending Subsection (b) and adding Subsection (e) to read as follows:

(b) An insurer shall pay to the authority a fee equal to $2 [$1] multiplied by the total number of motor vehicle years of insurance for insurance policies delivered, issued for delivery, or renewed by the insurer. The fee shall be paid not later than:

(1) March 1 of each year for a policy issued, delivered, or renewed from July 1 through December 31 of the previous calendar year; and

(2) August 1 of each year for a policy issued, delivered, or renewed from January 1 through June 30 of that year.

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

ARTICLE 5. TRANSITION PROVISIONS AND EFFECTIVE DATE

SECTION 5.01. Not later than January 1, 2013, the Department of Public Safety of the State of Texas shall 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. The changes in law made by this Act to Chapter 521, Transportation Code, apply only to a driver's license, personal identification certificate, commercial driver's license, or commercial driver learner's permit issued, reissued, reinstated, or renewed on or after the effective date of this Act. A driver's license, personal identification certificate, commercial driver's license, or commercial driver learner's permit issued, reissued, reinstated, or renewed before the effective date of this Act is governed by the law in effect when the license, certificate, or permit was issued, reissued, reinstated, or renewed, and the former law is continued in effect for that purpose.

SECTION 5.03. The fee imposed by Section 521.483, Transportation Code, as added by this Act, applies to a record request submitted on or after the effective date of this Act. A record request submitted before the effective date of this Act is governed by the law in effect on the date the request was submitted, and the former law is continued in effect for that purpose.

SECTION 5.04. Section 10, Article 4413(37), Revised Statutes, as amended by this Act, applies only to an insurance policy issued, delivered, or renewed on or after the effective date of this Act. An insurance policy issued, delivered, or renewed before the effective date of this Act is governed by the law in effect on the date the insurance policy was issued, delivered, or renewed, and the former law is continued in effect for that purpose.

SECTION 5.05. This Act takes effect September 1, 2011.

* * * * *