84R26624 AJZ-F
 
  By: Thompson of Harris, Phillips, Pickett H.B. No. 2671
 
  Substitute the following for H.B. No. 2671:
 
  By:  Phillips C.S.H.B. No. 2671
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to penalties for certain criminal offenses regarding
  operating a motor vehicle; imposing a fee and changing a surcharge.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 521, Transportation Code,
  is amended by adding Section 521.0265 to read as follows:
         Sec. 521.0265.  DISMISSAL OF DRIVING WITHOUT REQUIRED
  LICENSE CHARGE. (a)  A judge may dismiss a charge of operating a
  motor vehicle without a driver's license under Section 521.021 if
  the defendant obtains a driver's license not later than the 60th
  working day after the date of the offense. 
         (b)  The judge shall assess the defendant an administrative
  fee not to exceed $50 when a charge is dismissed under Subsection
  (a).
         (c)  This section does not apply to a charge of driving
  without a commercial driver's license under Section 522.011.
         SECTION 2.  Section 521.343(c), Transportation Code, is
  amended to read as follows:
         (c)  Except as otherwise provided by Section 521.457(h), if
  [If] the license holder is convicted of operating a motor vehicle
  while the license to operate a motor vehicle is cancelled,
  disqualified, suspended, revoked, or denied, the period is extended
  for the same term as the original suspension or disqualification,
  in addition to any penalty assessed under this chapter or Chapter
  522.
         SECTION 3.  Section 521.457, Transportation Code, is amended
  by adding Subsection (h) to read as follows:
         (h)  The department may not extend the period a person's
  driver's license is suspended, as provided by Section 521.343, for
  a conviction of an offense described by Subsection (a)(2) if: 
               (1)  the person has not been convicted of an offense
  under this section in the 36-month period before the date of the
  current offense; and
               (2)  at the time of the current offense the person's
  license was suspended under Section 708.152.
         SECTION 4.  Subchapter G, Chapter 601, Transportation Code,
  is amended by adding Section 601.192 to read as follows:
         Sec. 601.192.  DISMISSAL OF CHARGE OF OPERATION OF MOTOR
  VEHICLE IN VIOLATION OF MOTOR VEHICLE LIABILITY INSURANCE
  REQUIREMENT. (a) A judge may dismiss a charge under Section
  601.191 for a defendant who cannot establish financial
  responsibility on the date of the offense if the defendant
  establishes financial responsibility under Section 601.051 not
  later than the 20th working day after the date of the offense.
         (b)  If the defendant establishes financial responsibility
  under Subsection (a) through a motor vehicle liability insurance
  policy that complies with Subchapter D, the policy must be prepaid
  and valid for at least a six-month period.
         (c)  The judge shall assess the defendant an administrative
  fee not to exceed $50 when a charge is dismissed under Subsection
  (a).
         SECTION 5.  Section 708.055, Transportation Code, is amended
  to read as follows:
         Sec. 708.055.  NOTICE OF ASSIGNMENT OF FIFTH POINT. The
  department shall notify the holder of a driver's license of the
  assignment of a fifth point on that license by first class mail sent
  to the person's most recent address as shown on the records of the
  department or records obtained by the department from another
  entity or service.
         SECTION 6.  Sections 708.102(b), (c), and (d),
  Transportation Code, are amended to read as follows:
         (b)  The [Each year the] department shall assess a surcharge
  on the license of a [each] person for each conviction [who during
  the preceding 36-month period has been finally convicted] of an
  offense relating to the operating of a motor vehicle while
  intoxicated.
         (c)  The amount of a surcharge under this section is:
               (1)  $3,000 for the first conviction;
               (2)  $4,500 [$1,000 per year, except that the amount of
  the surcharge is:
               [(1)  $1,500 per year] for a second or subsequent
  conviction within a 36-month period; or
               (3)  $6,000 [and
               [(2)  $2,000] for a first or subsequent conviction if
  it is shown on the trial of the offense that an analysis of a
  specimen of the person's blood, breath, or urine showed an alcohol
  concentration level of 0.16 or more at the time the analysis was
  performed.
         (d)  A surcharge under this section [for the same conviction]
  may not be assessed more than once for the same conviction [in more
  than three years].
         SECTION 7.  Section 708.103, Transportation Code, is amended
  to read as follows:
         Sec. 708.103.  SURCHARGE FOR CONVICTION OF DRIVING WHILE
  LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. (a) The 
  [Each year the] department shall assess a surcharge on the license
  of each person who is [during the preceding 36-month period has
  been] convicted of an offense under:
               (1)  Section [521.457,] 601.191[,] or 601.371; or
               (2)  Section 521.457, if the defendant has been
  previously convicted one or more times of an offense under that
  section.
         (b)  The amount of a surcharge under this section is $650
  [$250 per year].
         SECTION 8.  Section 708.104, Transportation Code, is amended
  to read as follows:
         Sec. 708.104.  SURCHARGE FOR CONVICTION OF DRIVING WITHOUT
  REQUIRED [VALID] LICENSE. (a) The [Each year the] department shall
  assess a surcharge on the license of a person who is [during the
  preceding 36-month period has been] convicted of an offense under
  Section 521.021.
         (b)  The amount of a surcharge under this section is $300
  [$100 per year].
         (c)  A surcharge under this section [for the same conviction]
  may not be assessed more than once for the same conviction [in more
  than three years].
         SECTION 9.  Section 708.105, Transportation Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  The court shall notify a defendant charged with an
  offense under a traffic law of this state or a political subdivision
  of this state, in writing, at the time of the defendant's first
  court appearance or as soon as possible on or after the date the
  defendant pays a fine associated with the offense, whichever is
  earlier, that a conviction may result in the assessment of a
  surcharge under the driver responsibility program.  The written
  notification must include the statement described by Subsection
  (a).
         SECTION 10.  Section 708.106, Transportation Code, is
  amended to read as follows:
         Sec. 708.106.  DEFERRAL OF SURCHARGES FOR DEPLOYED MILITARY
  PERSONNEL.  The department by rule shall establish a deferral
  program for surcharges assessed under Section 708.103 or 708.104
  against a person who is a member of the United States armed forces
  on active duty deployed outside of the continental United States.  
  The program must:
               (1)  toll the surcharge payment [36-month] period while
  the person is deployed; and
               (2)  defer assessment of surcharges against the person
  until the date the person is no longer deployed for an offense
  committed:
                     (A)  before the person was deployed; or
                     (B)  while the person is deployed.
         SECTION 11.  Section 708.151(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall send notices as required by
  Subsection (b) to the holder of a driver's license when a surcharge
  is assessed on that license.  Each notice must:
               (1)  be sent by first class mail to:
                     (A)  the person's most recent address as shown on
  the records of the department or records obtained by the department
  from another entity or service; or
                     (B)  [to] the person's most recent forwarding
  address on record with the United States Postal Service if it is
  different;
               (2)  specify the date by which the surcharge must be
  paid;
               (3)  state the total dollar amount of the surcharge
  that must be paid, the number of monthly payments required under an
  installment payment plan, and the minimum monthly payment required
  for a person to enter and maintain an installment payment plan with
  the department; and
               (4)  state the consequences of a failure to pay the
  surcharge.
         SECTION 12.  Section 708.153, Transportation Code, is
  amended to read as follows:
         Sec. 708.153.  INSTALLMENT PAYMENT OF SURCHARGE. (a) The
  department by rule shall provide for the payment of any [a]
  surcharge assessed under this chapter in installments, including a
  surcharge pending on September 1, 2015.
         (b)  A rule under this section:
               (1)  may not require a person to:
                     (A)  pay surcharges that total $500 or more over a
  period of less than 48 [36] consecutive months;
                     (B)  pay surcharges that total more than $250 but
  not more than $499 over a period of less than 24 consecutive months;
  or
                     (C)  pay surcharges that total $249 or less over a
  period of less than 12 consecutive months; and
               (2)  may provide that if the person fails to make any
  required monthly installment payment, the department may
  reestablish the installment plan on receipt of a payment in the
  amount equal to at least a required monthly installment payment.
         SECTION 13.  Subchapter C, Chapter 1001, Education Code, is
  amended by adding Section 1001.1035 to read as follows:
         Sec. 1001.1035.  DRIVER RESPONSIBILITY PROGRAM INFORMATION.
  (a) The agency by rule shall require that information relating to
  the driver responsibility program established under Chapter 708,
  Transportation Code, and the surcharges assessed under that program
  be included in the curriculum of any driver education course or
  driving safety course. 
         (b)  In developing rules under this section, the agency shall
  consult with the department. 
         SECTION 14.  Subchapter B, Chapter 103, Government Code, is
  amended by adding Sections 103.02135 and 103.02136 to read as
  follows:
         Sec. 103.02135.  ADDITIONAL FEES AND COSTS IN CRIMINAL CASE:
  TRANSPORTATION CODE.  A defendant shall pay the following
  administrative fee on dismissal of a charge of driving without a
  required license (Sec. 521.0265, Transportation Code) . . . $50. 
         Sec. 103.02136.  ADDITIONAL FEES AND COSTS IN CRIMINAL CASE:
  TRANSPORTATION CODE.  A defendant shall pay the following
  administrative fee on dismissal of a charge of operation of a motor
  vehicle in violation of motor vehicle liability insurance
  requirement (Sec. 601.192, Transportation Code) . . . $50. 
         SECTION 15.  Section 708.159, Transportation Code, is
  repealed.
         SECTION 16.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.  
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 17.  This Act takes effect September 1, 2015.