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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension, revocation, or cancellation of a |
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driver's license or personal identification certificate and to |
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certain conduct constituting contempt of court that may result in |
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the suspension or denial of a driver's license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 45.050, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 45.050. FAILURE TO PAY FINE; FAILURE TO APPEAR; |
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CONTEMPT: JUVENILES. |
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SECTION 2. Article 45.050(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) A justice or municipal court may not order the |
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confinement of a child for: |
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(1) the failure to pay all or any part of a fine or |
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costs imposed for the conviction of an offense punishable by fine |
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only; [or] |
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(2) the failure to appear for an offense committed by |
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the child; or |
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(3) contempt of another order of a justice or |
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municipal court. |
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SECTION 3. Section 521.292(a), Transportation Code, is |
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amended to read as follows: |
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(a) The department shall suspend the person's license if the |
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department determines that the person: |
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(1) has operated a motor vehicle on a highway while the |
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person's license was suspended, canceled, disqualified, or |
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revoked, or without a license after an application for a license was |
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denied; |
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(2) is a habitually reckless or negligent operator of |
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a motor vehicle; |
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(3) is a habitual violator of the traffic laws; |
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(4) has permitted the unlawful or fraudulent use of |
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the person's license; |
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(5) has committed an offense in another state or |
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Canadian province that, if committed in this state, would be |
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grounds for suspension; |
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(6) has been convicted of two or more separate |
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offenses of a violation of a restriction imposed on the use of the |
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license; |
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(7) has been responsible as a driver for any accident |
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resulting in serious personal injury or serious property damage; |
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(8) is under 18 years of age [the holder of a
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provisional license issued under Section 521.123] and has been |
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convicted of two or more moving violations committed within a |
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12-month period; or |
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(9) has committed an offense under Section 545.421. |
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SECTION 4. Section 521.294, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE |
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REVOCATION. The department shall revoke the person's license if |
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the department determines that the person: |
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(1) is incapable of safely operating a motor vehicle; |
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(2) has not complied with the terms of a citation |
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issued by a jurisdiction that is a party to the Nonresident Violator |
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Compact of 1977 for a traffic violation to which that compact |
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applies; |
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(3) has failed to provide medical records or has |
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failed to undergo medical or other examinations as required by a |
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panel of the medical advisory board; |
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(4) has failed to pass an examination required by the |
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director under this chapter; or |
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(5) [has been reported by a court under Section
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521.3452 for failure to appear unless the court files an additional
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report on final disposition of the case;
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[(6)
has been reported within the preceding two years
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by a justice or municipal court for failure to appear or for a
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default in payment of a fine for a misdemeanor punishable only by
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fine, other than a failure reported under Section 521.3452,
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committed by a person who is at least 14 years of age but younger
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than 17 years of age when the offense was committed, unless the
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court files an additional report on final disposition of the case;
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or
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[(7)] has committed an offense in another state or |
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Canadian province that, if committed in this state, would be |
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grounds for revocation. |
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SECTION 5. Section 521.300, Transportation Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) A hearing under this subchapter may be conducted by |
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telephone or video conference call if the presiding officer |
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provides notice to the affected parties. |
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SECTION 6. Section 521.314, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.314. CANCELLATION AUTHORITY. The department may |
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cancel a license or certificate if it determines that the holder: |
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(1) is [was] not entitled to the license or |
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certificate; [or] |
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(2) failed to give required information in the |
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application for the license or certificate; or |
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(3) paid the required fee for the license or |
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certificate by check or credit card that was returned to the |
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department or not honored by the funding institution or credit card |
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company due to insufficient funds, a closed account, or any other |
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reason. |
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SECTION 7. The changes in law made by this Act to Sections |
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521.292, 521.294, and 521.314, Transportation Code, apply only to a |
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determination to suspend, revoke, or cancel a driver's license or |
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personal identification certificate made by the Department of |
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Public Safety on or after the effective date of this Act. A |
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determination to suspend, revoke, or cancel a driver's license or |
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personal identification certificate made before the effective date |
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of this Act is governed by the law in effect when the determination |
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was made, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2017. |