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A BILL TO BE ENTITLED
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AN ACT
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relating to the expiration of the driver responsibility program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 102.022(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In this article, "moving violation" means an offense |
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that: |
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(1) involves the operation of a motor vehicle; and |
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(2) is classified as a moving violation by the |
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Department of Public Safety under Section 542.304 [708.052], |
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Transportation Code. |
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SECTION 2. Section 1001.112, Education Code, is amended by |
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amending Subsection (a-1) and adding Subsection (a-2) to read as |
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follows: |
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(a-1) The rules must provide that the student driver spend a |
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minimum number of hours in classroom and behind-the-wheel |
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instruction. |
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(a-2) The rules must provide [and] that the person |
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conducting the course: |
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(1) possess a valid license for the preceding three |
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years that has not been suspended, revoked, or forfeited in the past |
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three years for an offense that involves the operation of a motor |
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vehicle; |
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(2) has not been convicted of: |
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(A) criminally negligent homicide; or |
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(B) driving while intoxicated in the past seven |
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years; and |
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(3) has not been convicted during the preceding three |
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years of: |
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(A) three or more moving violations described by |
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Section 542.304, Transportation Code, including violations that |
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resulted in an accident; or |
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(B) two or more moving violations described by |
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Section 542.304, Transportation Code, that resulted in an accident |
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[does not have six or more points assigned to the person's driver's
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license under Subchapter B, Chapter 708, Transportation Code, at
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the time the person begins conducting the course]. |
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SECTION 3. Section 411.110(f), Government Code, is amended |
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to read as follows: |
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(f) The Department of State Health Services may not consider |
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offenses described by [for which points are assessed under] Section |
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542.304 [708.052], Transportation Code, to determine whether to |
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hire or retain an employee or to contract with a person on whom |
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criminal history record information is obtained under this section. |
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SECTION 4. Section 773.0614(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) For purposes of Subsection (a), the department may not |
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consider offenses described by [for which points are assessed
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under] Section 542.304 [708.052], Transportation Code. |
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SECTION 5. Section 773.06141(a), Health and Safety Code, |
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is amended to read as follows: |
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(a) The department may suspend, revoke, or deny an emergency |
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medical services provider license on the grounds that the |
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provider's administrator of record, employee, or other |
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representative: |
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(1) has been convicted of, or placed on deferred |
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adjudication community supervision or deferred disposition for, an |
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offense that directly relates to the duties and responsibilities of |
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the administrator, employee, or representative, other than an |
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offense described by [for which points are assigned under] Section |
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542.304 [708.052], Transportation Code; |
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(2) has been convicted of or placed on deferred |
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adjudication community supervision or deferred disposition for an |
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offense, including: |
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(A) an offense listed in Article 42A.054(a)(2), |
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(3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure; |
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or |
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(B) an offense, other than an offense described |
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by Subdivision (1), for which the person is subject to registration |
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under Chapter 62, Code of Criminal Procedure; or |
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(3) has been convicted of Medicare or Medicaid fraud, |
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has been excluded from participation in the state Medicaid program, |
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or has a hold on payment for reimbursement under the state Medicaid |
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program under Subchapter C, Chapter 531, Government Code. |
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SECTION 6. Subchapter C, Chapter 542, Transportation Code, |
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is amended by adding Section 542.304 to read as follows: |
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Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a) |
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The department by rule shall designate the offenses involving the |
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operation of a motor vehicle that constitute a moving violation of |
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the traffic law for the purposes of: |
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(1) Article 102.022(a), Code of Criminal Procedure; |
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(2) Section 1001.112(a-2), Education Code; |
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(3) Section 411.110(f), Government Code; and |
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(4) Sections 773.0614(b) and 773.06141(a), Health and |
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Safety Code. |
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(b) The rules must provide that for the purposes of the |
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provisions described in Subsection (a), moving violations: |
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(1) include: |
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(A) a violation of the traffic law of this state, |
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another state, or a political subdivision of this or another state; |
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and |
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(B) an offense under Section 545.412; and |
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(2) do not include: |
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(A) an offense committed before September 1, |
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2003; |
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(B) the offense of speeding when the person |
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convicted was at the time of the offense driving less than 10 |
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percent faster than the posted speed limit, unless the person |
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committed the offense in a school crossing zone; |
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(C) an offense adjudicated under Article 45.051 |
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or 45.0511, Code of Criminal Procedure; or |
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(D) an offense under Section 545.4251. |
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SECTION 7. Chapter 708, Transportation Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. REDUCTION OF SURCHARGES; EXPIRATION |
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Sec. 708.201. REDUCTION OF SURCHARGES. Notwithstanding any |
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other provision of this chapter, the department shall reduce the |
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amount of a surcharge imposed under this chapter that is pending on |
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or after September 1, 2021, regardless of whether the surcharge was |
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imposed before that date, by 50 percent. |
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Sec. 708.202. EXPIRATION. This chapter expires September |
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1, 2023. |
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SECTION 8. Subtitle I, Title 7, Transportation Code, is |
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amended by adding Chapter 708A to read as follows: |
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CHAPTER 708A. LIMITED CONTINUATION OF DRIVER RESPONSIBILITY |
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PROGRAM |
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Sec. 708A.001. RULES. The Department of Public Safety |
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shall adopt and enforce rules to implement and enforce this |
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chapter. |
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Sec. 708A.002. LIMITED CONTINUATION OF DRIVER |
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RESPONSIBILITY PROGRAM. Beginning September 1, 2023, a surcharge |
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imposed under the former driver responsibility program under former |
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Chapter 708 is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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Sec. 708A.003. EXPIRATION. This chapter expires September |
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1, 2027. |
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SECTION 9. This Act takes effect September 1, 2019. |