86R19930 AJZ-D
 
  By: Zerwas, Darby, Krause, Davis of Harris, H.B. No. 2048
      Howard, et al.
 
  Substitute the following for H.B. No. 2048:
 
  By:  Burns C.S.H.B. No. 2048
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the repeal of the driver responsibility program and the
  amount and allocation of state traffic fine funds; eliminating
  program surcharges; authorizing and increasing criminal fines;
  increasing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 102.022(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  In this article, "moving violation" means an offense
  that:
               (1)  involves the operation of a motor vehicle; and
               (2)  is classified as a moving violation by the
  Department of Public Safety under Section 542.304 [708.052],
  Transportation Code.
         SECTION 2.  Section 1001.112, Education Code, is amended by
  amending Subsection (a-1) and adding Subsection (a-2) to read as
  follows:
         (a-1)  The rules must provide that the student driver spend a
  minimum number of hours in classroom and behind-the-wheel
  instruction.
         (a-2)  The rules must provide [and] that the person
  conducting the course:
               (1)  possess a valid license for the preceding three
  years that has not been suspended, revoked, or forfeited in the past
  three years for an offense that involves the operation of a motor
  vehicle;
               (2)  has not been convicted of:
                     (A)  criminally negligent homicide; or
                     (B)  driving while intoxicated in the past seven
  years; and
               (3)  has not been convicted during the preceding three
  years of:
                     (A)  three or more moving violations described by
  Section 542.304, Transportation Code, including violations that
  resulted in an accident; or
                     (B)  two or more moving violations described by
  Section 542.304, Transportation Code, that resulted in an accident
  [does not have six or more points assigned to the person's driver's
  license under Subchapter B, Chapter 708, Transportation Code, at
  the time the person begins conducting the course].
         SECTION 3.  Section 411.110(f), Government Code, is amended
  to read as follows:
         (f)  The Department of State Health Services may not consider
  offenses described by [for which points are assessed under] Section
  542.304 [708.052], Transportation Code, to determine whether to
  hire or retain an employee or to contract with a person on whom
  criminal history record information is obtained under this section.
         SECTION 4.  Section 773.0614(b), Health and Safety Code, is
  amended to read as follows:
         (b)  For purposes of Subsection (a), the department may not
  consider offenses described by [for which points are assessed
  under] Section 542.304 [708.052], Transportation Code.
         SECTION  5.  Section 773.06141(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The department may suspend, revoke, or deny an emergency
  medical services provider license on the grounds that the
  provider's administrator of record, employee, or other
  representative:
               (1)  has been convicted of, or placed on deferred
  adjudication community supervision or deferred disposition for, an
  offense that directly relates to the duties and responsibilities of
  the administrator, employee, or representative, other than an
  offense described by [for which points are assigned under] Section
  542.304 [708.052], Transportation Code;
               (2)  has been convicted of or placed on deferred
  adjudication community supervision or deferred disposition for an
  offense, including:
                     (A)  an offense listed in Article 42A.054(a)(2),
  (3), (4), (6), (7), (8), (10), or (14), Code of Criminal Procedure;
  or
                     (B)  an offense, other than an offense described
  by Subdivision (1), for which the person is subject to registration
  under Chapter 62, Code of Criminal Procedure; or
               (3)  has been convicted of Medicare or Medicaid fraud,
  has been excluded from participation in the state Medicaid program,
  or has a hold on payment for reimbursement under the state Medicaid
  program under Subchapter C, Chapter 531, Government Code.
         SECTION 6.  Section 780.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 780.002.  CERTAIN DEPOSITS TO ACCOUNT.  The comptroller
  shall deposit any gifts, grants, donations, and legislative
  appropriations made for the purposes of the designated trauma
  facility and emergency medical services account established under
  Section 780.003 to the credit of the account. [(a)   On the first
  Monday of each month, the Department of Public Safety shall remit
  the surcharges collected during the previous month under the driver
  responsibility program operated by that department under Chapter
  708, Transportation Code, to the comptroller.
         [(b)     The comptroller shall deposit 49.5 percent of the money
  received under Subsection (a) to the credit of the account
  established under this chapter and 49.5 percent of the money to the
  general revenue fund. The remaining one percent of the amount of
  the surcharges shall be deposited to the general revenue fund and
  may be appropriated only to the Department of Public Safety for
  administration of the driver responsibility program operated by
  that department under Chapter 708, Transportation Code.
         [(c)     Notwithstanding Subsection (b), in any state fiscal
  year the comptroller shall deposit 49.5 percent of the surcharges
  collected under Chapter 708, Transportation Code, to the credit of
  the general revenue fund only until the total amount of the
  surcharges deposited to the credit of the general revenue fund
  under Subsection (b), and the state traffic fines deposited to the
  credit of that fund under Section 542.4031(g)(1), Transportation
  Code, equals $250 million for that year. If in any state fiscal
  year the amount received by the comptroller under those laws for
  deposit to the credit of the general revenue fund exceeds $250
  million, the comptroller shall deposit the additional amount to the
  credit of the Texas mobility fund.]
         SECTION 7.  Section 780.003(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The account is composed of money deposited to the credit
  of the account under Sections 542.4031, 542.406, [and] 707.008, and
  709.002, Transportation Code, and under Section 780.002 of this
  code.
         SECTION 8.  Sections 10(b) and (e), Article 4413(37),
  Revised Statutes, are amended to read as follows:
         (b)  An insurer shall pay to the authority a fee equal to $4
  [$2] multiplied by the total number of motor vehicle years of
  insurance for insurance policies delivered, issued for delivery, or
  renewed by the insurer. The fee shall be paid not later than:
               (1)  March 1 of each year for a policy issued,
  delivered, or renewed from July 1 through December 31 of the
  previous calendar year; and
               (2)  August 1 of each year for a policy issued,
  delivered, or renewed from January 1 through June 30 of that year.
         (e)  Out of [Fifty percent of] each fee collected under
  Subsection (b): 
               (1)  20 percent shall [may] be appropriated [only] to
  the authority for the purposes of this article; 
               (2)  20 percent shall be deposited to the credit of the
  general revenue fund; and
               (3)  60 percent shall be deposited to the credit of the
  designated trauma facility and emergency medical services account
  under Section 780.003, Health and Safety Code.
         SECTION 9.  Section 502.357(b), Transportation Code, is
  amended to read as follows:
         (b)  Fees collected under this section shall be deposited to
  the credit of the state highway fund except that the comptroller
  shall provide for a portion of the fees to be deposited first to the
  credit of a special fund in the state treasury outside the general
  revenue fund to be known as the TexasSure Fund in a total amount
  that is necessary to cover the total amount appropriated to the
  Texas Department of Insurance from that fund and for the remaining
  fees to be deposited to the state highway fund.  Subject to
  appropriations, the money deposited to the credit of the state
  highway fund under this section may be used by the Department of
  Public Safety to:
               (1)  support the Department of Public Safety's
  reengineering of the driver's license system to provide for the
  issuance by the Department of Public Safety of a driver's license or
  personal identification certificate, to include use of image
  comparison technology; and
               (2)  [establish and maintain a system to support the
  driver responsibility program under Chapter 708; and
               [(3)]  make lease payments to the master lease purchase
  program for the financing of the driver's license reengineering
  project.
         SECTION 10.  Subchapter C, Chapter 542, Transportation Code,
  is amended by adding Section 542.304 to read as follows:
         Sec. 542.304.  MOVING VIOLATIONS FOR CERTAIN PURPOSES. (a)  
  The department by rule shall designate the offenses involving the
  operation of a motor vehicle that constitute a moving violation of
  the traffic law for the purposes of:
               (1)  Article 102.022(a), Code of Criminal Procedure;
               (2)  Section 1001.112(a-2), Education Code;
               (3)  Section 411.110(f), Government Code; and
               (4)  Sections 773.0614(b) and 773.06141(a), Health and
  Safety Code.
         (b)  The rules must provide that for the purposes of the
  provisions described in Subsection (a), moving violations:
               (1)  include:
                     (A)  a violation of the traffic law of this state,
  another state, or a political subdivision of this or another state;
  and
                     (B)  an offense under Section 545.412; and
               (2)  do not include:
                     (A)  an offense committed before September 1,
  2003;
                     (B)  the offense of speeding when the person
  convicted was at the time of the offense driving less than 10
  percent faster than the posted speed limit, unless the person
  committed the offense in a school crossing zone;
                     (C)  an offense adjudicated under Article 45.051
  or 45.0511, Code of Criminal Procedure; or
                     (D)  an offense under Section 545.4251.
         SECTION 11.  Sections 542.4031(a), (f), (g), and (h),
  Transportation Code, are amended to read as follows:
         (a)  In addition to the fine prescribed by Section 542.401 or
  another section of this subtitle, as applicable, a person who
  enters a plea of guilty or nolo contendere to or is convicted of an
  offense under this subtitle shall pay $50 [$30] as a state traffic
  fine. The person shall pay the state traffic fine when the person
  enters the person's plea of guilty or nolo contendere, or on the
  date of conviction, whichever is earlier. The state traffic fine
  shall be paid regardless of whether:
               (1)  a sentence is imposed on the person;
               (2)  the court defers final disposition of the person's
  case; or
               (3)  the person is placed on community supervision,
  including deferred adjudication community supervision.
         (f)  A municipality or county may retain four [five] percent
  of the money collected under this section as a service fee for the
  collection if the municipality or county remits the funds to the
  comptroller within the period prescribed in Subsection (e). The
  municipality or county may retain any interest accrued on the money
  if the custodian of the money deposited in the treasury keeps
  records of the amount of money collected under this section that is
  on deposit in the treasury and remits the funds to the comptroller
  within the period prescribed in Subsection (e).
         (g)  Of the money received by the comptroller under this
  section, the comptroller shall deposit:
               (1)  80 [67] percent to the credit of the undedicated
  portion of the general revenue fund; and
               (2)  20 [33] percent to the credit of the designated
  trauma facility and emergency medical services account under
  Section 780.003, Health and Safety Code.
         (h)  Notwithstanding Subsection (g)(1), in any state fiscal
  year the comptroller shall deposit 80 [67] percent of the money
  received under Subsection (e)(2) to the credit of the general
  revenue fund only until the total amount of the money deposited to
  the credit of the general revenue fund under Subsection (g)(1) [and
  Section 780.002(b), Health and Safety Code,] equals $250 million
  for that year. If in any state fiscal year the amount received by
  the comptroller under Subsection (e)(2) [those laws] for deposit to
  the credit of the general revenue fund under Subsection (g)(1)
  exceeds $250 million, the comptroller shall deposit the additional
  amount to the credit of the Texas mobility fund.
         SECTION 12.  Section 601.233(a), Transportation Code, is
  amended to read as follows:
         (a)  A citation for an offense under Section 601.191 issued
  as a result of Section 601.053 must include, in type larger than
  other type on the citation, [except for the type of the statement
  required by Section 708.105,] the following statement:
  "A second or subsequent conviction of an offense under the Texas
  Motor Vehicle Safety Responsibility Act will result in the
  suspension of your driver's license and motor vehicle registration
  unless you file and maintain evidence of financial responsibility
  with the Department of Public Safety for two years from the date of
  conviction.  The department may waive the requirement to file
  evidence of financial responsibility if you file satisfactory
  evidence with the department showing that at the time this citation
  was issued, the vehicle was covered by a motor vehicle liability
  insurance policy or that you were otherwise exempt from the
  requirements to provide evidence of financial responsibility."
         SECTION 13.  Subtitle I, Title 7, Transportation Code, is
  amended by adding Chapter 709 to read as follows:
  CHAPTER 709. MISCELLANEOUS TRAFFIC FINES
         Sec. 709.001.  TRAFFIC FINE FOR CONVICTION OF CERTAIN
  INTOXICATED DRIVER OFFENSES. (a) In this section, "offense
  relating to the operating of a motor vehicle while intoxicated" has
  the meaning assigned by Section 49.09, Penal Code.
         (b)  In addition to the fine prescribed for the specific
  offense, a person who has been finally convicted of an offense
  relating to the operating of a motor vehicle while intoxicated
  shall pay a fine of:
               (1)  $3,000 for the first conviction within a 36-month
  period;
               (2)  $4,500 for a second or subsequent conviction
  within a 36-month period; and
               (3)  $6,000 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.
         Sec. 709.002.  REMITTANCE OF TRAFFIC FINES COLLECTED TO
  COMPTROLLER. (a)  An officer collecting a traffic fine under
  Section 709.001 in a case in a justice, county, or district court
  shall keep separate records of the money collected and shall
  deposit the money in the county treasury.
         (b)  Each calendar quarter, an officer collecting a traffic
  fine under Section 709.001 shall submit a report to the
  comptroller. The report must comply with Articles 103.005(c) and
  (d), Code of Criminal Procedure. 
         (c)  The custodian of money in a municipal or county treasury
  may deposit money collected under Section 709.001 in an
  interest-bearing account.  The custodian shall:
               (1)  keep records of the amount of money collected
  under this section that is on deposit in the treasury; and
               (2)  not later than the last day of the month following
  each calendar quarter, remit to the comptroller money collected
  under this section during the preceding quarter, as required by the
  comptroller.
         (d)  A municipality or county may retain four percent of the
  money collected under Section 709.001 as a service fee for the
  collection if the county remits the funds to the comptroller within
  the period described by Subsection (c).  The municipality or county
  may retain any interest accrued on the money if the custodian of the
  money deposited in the treasury keeps records of the amount of money
  collected under this section that is on deposit in the treasury and
  remits the funds to the comptroller within the period prescribed in
  Subsection (c).
         (e)  Of the money received by the comptroller under this
  section, the comptroller shall deposit:
               (1)  80 percent to the credit of the undedicated
  portion of the general revenue fund; and
               (2)  20 percent to the credit of the designated trauma
  facility and emergency medical services account under Section
  780.003, Health and Safety Code.
         (f)  Money collected under this section is subject to audit
  by the comptroller.  Money spent is subject to audit by the state
  auditor.
         SECTION 14.  Chapter 708, Transportation Code, is repealed.
         SECTION 15.  (a)  The repeal by this Act of Chapter 708,
  Transportation Code, applies to any surcharge pending on the
  effective date of this Act, regardless of whether the surcharge was
  imposed before that date.
         (b)  The Department of Public Safety shall reinstate any
  driver's license that is suspended under Section 708.152,
  Transportation Code, as of the effective date of this Act if the
  only reason the driver's license was suspended is a failure to pay a
  surcharge under Chapter 708, Transportation Code.
         SECTION 16.  This Act takes effect September 1, 2019.