84R7795 AJZ-D
 
  By: Turner of Harris H.B. No. 1795
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility for indigent status for purposes of the
  driver responsibility program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 708.158(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall waive all surcharges assessed
  under this chapter for a person who is indigent.  For the purposes
  of this section, a person is considered to be indigent if the
  person: 
               (1)  was determined to be indigent for the purpose of
  appointing counsel under Article 26.04, Code of Criminal Procedure,
  for the offense that is the basis for the surcharge, and the court
  did not make a subsequent finding that the person had the ability to
  pay, wholly or partly, the cost of the appointed counsel; or 
               (2)  provides the evidence described by Subsection (b)
  to the court.
         SECTION 2.  The change in law made by this Act to Section
  708.158, Transportation Code, applies to a surcharge pending on the
  effective date of this Act, regardless of when the surcharge was
  assessed.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.