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A BILL TO BE ENTITLED
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AN ACT
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relating to penalties for certain criminal offenses regarding |
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operating a motor vehicle; imposing a fee and changing a surcharge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 521, Transportation Code, |
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is amended by adding Section 521.0265 to read as follows: |
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Sec. 521.0265. DISMISSAL OF DRIVING WITHOUT REQUIRED |
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LICENSE CHARGE. (a) A judge may dismiss a charge of operating a |
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motor vehicle without a driver's license under Section 521.021 if |
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the defendant obtains a driver's license not later than the 60th |
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working day after the date of the offense. |
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(b) The judge shall assess the defendant an administrative |
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fee not to exceed $50 when a charge is dismissed under Subsection |
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(a). |
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(c) This section does not apply to a charge of driving |
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without a commercial driver's license under Section 522.011. |
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SECTION 2. Section 521.343(c), Transportation Code, is |
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amended to read as follows: |
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(c) Except as otherwise provided by Section 521.457(h), if |
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[If] the license holder is convicted of operating a motor vehicle |
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while the license to operate a motor vehicle is cancelled, |
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disqualified, suspended, revoked, or denied, the period is extended |
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for the same term as the original suspension or disqualification, |
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in addition to any penalty assessed under this chapter or Chapter |
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522. |
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SECTION 3. Section 521.457, Transportation Code, is amended |
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by adding Subsection (h) to read as follows: |
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(h) The department may not extend the period a person's |
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driver's license is suspended, as provided by Section 521.343, for |
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a conviction of an offense described by Subsection (a)(2) if: |
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(1) the person has not been convicted of an offense |
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under this section in the 36-month period before the date of the |
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current offense; and |
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(2) at the time of the current offense the person's |
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license was suspended under Section 708.152. |
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SECTION 4. Subchapter G, Chapter 601, Transportation Code, |
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is amended by adding Section 601.192 to read as follows: |
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Sec. 601.192. DISMISSAL OF CHARGE OF OPERATION OF MOTOR |
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VEHICLE IN VIOLATION OF MOTOR VEHICLE LIABILITY INSURANCE |
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REQUIREMENT. (a) A judge may dismiss a charge under Section |
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601.191 for a defendant who cannot establish financial |
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responsibility on the date of the offense if the defendant |
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establishes financial responsibility under Section 601.051 not |
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later than the 20th working day after the date of the offense. |
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(b) If the defendant establishes financial responsibility |
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under Subsection (a) through a motor vehicle liability insurance |
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policy that complies with Subchapter D, the policy must be prepaid |
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and valid for at least a six-month period. |
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(c) The judge shall assess the defendant an administrative |
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fee not to exceed $50 when a charge is dismissed under Subsection |
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(a). |
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SECTION 5. 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. ELECTRONIC DELIVERY OF COMMUNICATIONS. |
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Notwithstanding a provision of this chapter requiring a notice or |
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other communication to be sent by mail, the department may |
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electronically send the communication if the department obtains |
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consent from the person before electronically sending the |
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communication. |
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SECTION 6. Section 708.055, Transportation Code, is amended |
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to read as follows: |
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Sec. 708.055. NOTICE OF ASSIGNMENT OF FIFTH POINT. The |
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department shall notify the holder of a driver's license of the |
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assignment of a fifth point on that license by first class mail sent |
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to the person's most recent address as shown on the records of the |
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department or records obtained by the department from another |
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entity or service. |
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SECTION 7. Sections 708.102(b), (c), and (d), |
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Transportation Code, are amended to read as follows: |
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(b) The [Each year the] department shall assess a surcharge |
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on the license of a [each] person for each conviction [who during
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the preceding 36-month period has been finally convicted] of an |
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offense relating to the operating of a motor vehicle while |
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intoxicated. |
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(c) The amount of a surcharge under this section is: |
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(1) $3,000 for the first conviction; |
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(2) $4,500 [$1,000 per year, except that the amount of
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the surcharge 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; or |
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(3) $6,000 [and
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[(2) $2,000] for a first or subsequent conviction if |
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it is shown on the trial of the offense that an analysis of a |
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specimen 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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(d) A surcharge under this section [for the same conviction] |
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may not be assessed more than once for the same conviction [in more
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than three years]. |
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SECTION 8. Section 708.103, Transportation Code, is amended |
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to read as follows: |
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Sec. 708.103. SURCHARGE FOR CONVICTION OF DRIVING WHILE |
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LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. (a) The |
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[Each year the] department shall assess a surcharge on the license |
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of each person who is [during the preceding 36-month period has
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been] convicted of an offense under: |
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(1) Section [521.457,] 601.191[,] or 601.371; or |
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(2) Section 521.457, if the defendant has been |
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previously convicted one or more times of an offense under that |
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section. |
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(b) The amount of a surcharge under this section is $750 |
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[$250 per year]. |
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SECTION 9. Section 708.104, Transportation Code, is amended |
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to read as follows: |
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Sec. 708.104. SURCHARGE FOR CONVICTION OF DRIVING WITHOUT |
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REQUIRED [VALID] LICENSE. (a) The [Each year the] department shall |
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assess a surcharge on the license of a person who is [during the
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preceding 36-month period has been] convicted of an offense under |
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Section 521.021. |
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(b) The amount of a surcharge under this section is $300 |
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[$100 per year]. |
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(c) A surcharge under this section [for the same conviction] |
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may not be assessed more than once for the same conviction [in more
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than three years]. |
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SECTION 10. Section 708.105, Transportation Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) The court shall notify a defendant charged with an |
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offense under a traffic law of this state or a political subdivision |
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of this state, in writing, at the time of the defendant's first |
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court appearance or as soon as possible on or after the date the |
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defendant pays a fine associated with the offense, whichever is |
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earlier, that a conviction may result in the assessment of a |
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surcharge under the driver responsibility program. The written |
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notification must include the statement described by Subsection |
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(a). |
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SECTION 11. Section 708.106, Transportation Code, is |
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amended to read as follows: |
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Sec. 708.106. DEFERRAL OF SURCHARGES FOR DEPLOYED MILITARY |
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PERSONNEL. The department by rule shall establish a deferral |
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program for surcharges assessed under Section 708.103 or 708.104 |
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against a person who is a member of the United States armed forces |
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on active duty deployed outside of the continental United States. |
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The program must: |
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(1) toll the surcharge payment [36-month] period while |
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the person is deployed; and |
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(2) defer assessment of surcharges against the person |
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until the date the person is no longer deployed for an offense |
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committed: |
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(A) before the person was deployed; or |
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(B) while the person is deployed. |
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SECTION 12. Section 708.151(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department shall send notices as required by |
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Subsection (b) to the holder of a driver's license when a surcharge |
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is assessed on that license. Each notice must: |
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(1) be sent by first class mail to: |
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(A) the person's most recent address as shown on |
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the records of the department or records obtained by the department |
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from another entity or service; or |
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(B) [to] the person's most recent forwarding |
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address on record with the United States Postal Service if it is |
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different; |
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(2) specify the date by which the surcharge must be |
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paid; |
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(3) state the total dollar amount of the surcharge |
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that must be paid, the number of monthly payments required under an |
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installment payment plan, and the minimum monthly payment required |
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for a person to enter and maintain an installment payment plan with |
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the department; and |
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(4) state the consequences of a failure to pay the |
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surcharge. |
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SECTION 13. Section 708.153, Transportation Code, is |
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amended to read as follows: |
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Sec. 708.153. INSTALLMENT PAYMENT OF SURCHARGE. (a) The |
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department by rule shall provide for the payment of any [a] |
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surcharge assessed under this chapter in installments, including a |
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surcharge pending on September 1, 2015. |
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(b) A rule under this section: |
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(1) may not require a person to: |
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(A) pay surcharges that total $1,000 [$500] or |
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more over a period of less than 60 [36] consecutive months; |
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(B) pay surcharges that total more than $750 |
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[$250] but not more than $999 [$499] over a period of less than 48 |
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[24] consecutive months; or |
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(C) pay surcharges that total $749 [$249] or less |
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over a period of less than 36 [12] consecutive months; and |
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(2) may provide that if the person fails to make any |
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required monthly installment payment, the department may |
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reestablish the installment plan on receipt of a payment in the |
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amount equal to at least a required monthly installment payment. |
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SECTION 14. Section 708.158(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department shall waive all surcharges assessed |
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under this chapter for a person who is indigent. For the purposes |
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of this section, a person is considered to be indigent if the |
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person: |
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(1) was determined to be indigent for the purpose of |
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appointing counsel under Article 26.04, Code of Criminal Procedure, |
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for the offense that is the basis for the surcharge, and the court |
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did not make a subsequent finding that the person had the ability to |
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pay, wholly or partly, the cost of the appointed counsel; or |
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(2) provides the evidence described by Subsection (b) |
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to the court. |
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SECTION 15. Subchapter C, Chapter 1001, Education Code, is |
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amended by adding Section 1001.1035 to read as follows: |
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Sec. 1001.1035. DRIVER RESPONSIBILITY PROGRAM INFORMATION. |
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(a) The agency by rule shall require that information relating to |
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the driver responsibility program established under Chapter 708, |
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Transportation Code, and the surcharges assessed under that program |
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be included in the curriculum of any driver education course or |
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driving safety course. |
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(b) In developing rules under this section, the agency shall |
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consult with the department. |
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SECTION 16. Subchapter B, Chapter 103, Government Code, is |
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amended by adding Sections 103.02135 and 103.02136 to read as |
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follows: |
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Sec. 103.02135. ADDITIONAL FEES AND COSTS IN CRIMINAL CASE: |
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TRANSPORTATION CODE. A defendant shall pay the following |
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administrative fee on dismissal of a charge of driving without a |
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required license (Sec. 521.0265, Transportation Code) . . . $50. |
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Sec. 103.02136. ADDITIONAL FEES AND COSTS IN CRIMINAL CASE: |
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TRANSPORTATION CODE. A defendant shall pay the following |
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administrative fee on dismissal of a charge of operation of a motor |
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vehicle in violation of motor vehicle liability insurance |
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requirement (Sec. 601.192, Transportation Code) . . . $50. |
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SECTION 17. Section 708.159, Transportation Code, is |
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repealed. |
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SECTION 18. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 19. The change in law made by this Act to Section |
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708.158, Transportation Code, applies only to a surcharge assessed |
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on or after the effective date of this Act, including a surcharge |
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assessed for a conviction for an offense that occurred before the |
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effective date of this Act. The state is not required to refund a |
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surcharge collected before the effective date of this Act. |
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SECTION 20. This Act takes effect September 1, 2015. |