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A BILL TO BE ENTITLED
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AN ACT
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relating to surcharges assessed under the driver responsibility |
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program; authorizing surcharges; reducing, repealing, and waiving |
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surcharges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 708.053, Transportation Code, is amended |
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to read as follows: |
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Sec. 708.053. ANNUAL SURCHARGE FOR POINTS. Each year, the |
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department shall assess a surcharge on the license of a person who |
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has accumulated: |
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(1) three or more but fewer than six points under this |
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subchapter during the preceding 12-month period; or |
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(2) six or more points under this subchapter during |
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the preceding 36-month period. |
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SECTION 2. Section 708.054, Transportation Code, is amended |
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to read as follows: |
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Sec. 708.054. AMOUNT OF POINTS SURCHARGE. (a) The amount |
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of a surcharge under this chapter is: |
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(1) $50 for accumulating three points during the |
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preceding 12-month period; |
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(2) $60 for accumulating four points during the |
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preceding 12-month period; |
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(3) $70 for accumulating five points during the |
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preceding 12-month period; or |
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(4) $100 for accumulating [the first] six points |
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during the preceding 36-month period and $25 for each additional |
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point in excess of six points accumulated during the preceding |
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36-month period. |
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(b) The department shall ensure that the amount of any |
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surcharge assessed on a person's license under Subsection (a)(1), |
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(2), or (3) is credited toward the amount of a surcharge assessed on |
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the person's license under Subsection (a)(4) during the same |
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36-month period. |
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SECTION 3. Section 708.103(b), Transportation Code, is |
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amended to read as follows: |
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(b) The [Except as provided by Subsection (c), the] amount |
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of a surcharge under this section is $50 [$250] per year. |
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SECTION 4. Section 708.106, Transportation Code, is amended |
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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 36-month period while the person is |
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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 5. Section 708.159(c), Transportation Code, is |
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amended to read as follows: |
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(c) If a person makes a single up-front payment under this |
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section in the amount specified in the notice under Subsection |
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(b)(1) and the person is not, in the 36-month period for which the |
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person made the up-front payment, subsequently convicted of an |
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offense requiring a surcharge or an increase in the amount due to |
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the department, the department is not required to: |
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(1) take any further action under Section 708.053, |
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708.102, or 708.103, [or 708.104,] as applicable; or |
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(2) annually notify the person of the assessment of |
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the surcharge under Section 708.151. |
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SECTION 6. Subchapter D, Chapter 708, Transportation Code, |
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is amended by adding Section 708.160 to read as follows: |
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Sec. 708.160. WAIVER OF CERTAIN SURCHARGES. (a) The |
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department shall waive a surcharge assessed under this chapter on |
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or before September 1, 2013. |
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(b) This section expires September 1, 2020. |
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SECTION 7. Section 708.158, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsections (c) and (d) to |
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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: |
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(1) the person provides the evidence described by |
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Subsection (b) to the court; or |
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(2) the department determines that the person is |
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indigent. |
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(c) The department shall, as necessary, in collaboration |
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with other state agencies, obtain publicly available information to |
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determine whether a person is indigent for purposes of this |
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section. |
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(d) The standing committees of the senate and house of |
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representatives that have jurisdiction over issues related to |
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transportation shall jointly conduct a study of methods to improve |
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automatic data sharing between the department and other agencies |
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for the purpose of determining whether a person is indigent under |
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Subsection (c). Not later than December 1, 2020, the committees |
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shall submit a report on the findings of the study performed under |
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this subsection and the committees' legislative recommendations to |
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the governor, lieutenant governor, and speaker of the house of |
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representatives. This subsection expires January 1, 2021. |
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SECTION 8. Sections 708.103(c) and 708.104, Transportation |
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Code, are repealed. |
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SECTION 9. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 10. This Act takes effect September 1, 2019. |