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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiver of certain surcharges assessed under the |
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driver responsibility program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 SURCHARGES FOR CERTAIN OFFENSES. |
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(a) A person who receives notice of a surcharge under Section |
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708.151 as a result of one or more convictions may file a petition |
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with a convicting court for a waiver of the surcharge if: |
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(1) each offense that was the basis for the surcharge |
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was punishable by a fine only; and |
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(2) the petition includes: |
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(A) a copy of the person's driving record; |
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(B) a copy of the notice of surcharge received |
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under Section 708.151; |
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(C) evidence that the person is unable to pay the |
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surcharge; and |
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(D) any other supporting documentation that |
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would support a decision to grant the waiver. |
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(b) A court receiving a petition under this section shall |
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set a hearing not later than the 14th day after the date the court |
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receives the petition. The court shall notify the department of the |
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date of the hearing. At the hearing, the court may hear testimony |
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and consider: |
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(1) the petitioner's ability to pay the surcharge; |
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(2) the frequency of the underlying offenses; |
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(3) the time and length of any license suspension; and |
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(4) any other factors that would support a decision to |
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grant the waiver. |
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(c) The court may issue an order granting the waiver. The |
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court shall notify the department of an order entered under this |
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subsection. |
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(d) Not later than the 30th day after the date the |
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department receives a court order under Subsection (c), the |
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department shall waive the surcharges as required by the order. |
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SECTION 2. Section 708.160, Transportation Code, as added |
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by this Act, applies to any surcharge pending on the effective date |
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of this Act, regardless of whether the surcharge was imposed before |
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that date. |
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SECTION 3. This Act takes effect September 1, 2019. |