85R2104 AJZ-D
 
  By: Dale H.B. No. 459
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the suspension of a driver's license for the failure to
  pay a surcharge.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 708.151(c), Transportation Code, is
  amended to read as follows:
         (c)  If on or before the 45th day after the date the first
  notice was sent the person fails to pay the amount of the surcharge
  or fails to enter into an installment payment agreement with the
  department, the department shall send a second notice.  If on or
  before the 60th day after the date the second notice was sent the
  person fails to pay the amount of the surcharge or fails to enter
  into an installment payment agreement with the department, the
  department shall send a third notice that advises the person that
  the person's driving privileges may be [are] suspended by a justice
  of the peace.
         SECTION 2.  Section 708.152(a), Transportation Code, is
  amended to read as follows:
         (a)  If on the 60th day after the date the department sends a
  second notice under Section 708.151 the person fails to pay the
  amount of a surcharge on the person's license or fails to enter into
  an installment payment agreement with the department, the
  department shall notify the justice of the peace of the precinct in
  which the person resides [license of the person is automatically
  suspended]. The department may not notify the justice of the peace
  [A person's license may not be suspended] under this section before
  the 105th day after the date the surcharge was assessed by the
  department.  The justice of the peace may order the department to
  suspend the person's license for nonpayment of the surcharge.
         SECTION 3.  Section 708.154(b), Transportation Code, is
  amended to read as follows:
         (b)  If a surcharge or a related cost is paid by credit card
  and the amount is subsequently reversed by the issuer of the credit
  card, the department shall notify the justice of the peace of the
  precinct in which the person resides [license of the person is
  automatically suspended]. The justice of the peace may order the
  department to suspend the person's license for nonpayment of the
  surcharge.
         SECTION 4.  This Act takes effect September 1, 2017.