Bill Text: TX HB2048 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2048 Detail]

Download: Texas-2019-HB2048-Enrolled.html

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H.B. No. 2048

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, under Section 10, Article 4413(37),
Revised Statutes, and under Section 780.002 of this code.
SECTION 8. Sections 780.004(c), (d), and (e), Health and
Safety Code, are amended to read as follows:
(c) In any fiscal year, the commissioner shall use at least
94 [96] percent of the money appropriated from the account, after
any amount the commissioner is required by Subsection (b) to
reserve is deducted, to fund a portion of the uncompensated trauma
care provided at facilities designated as state trauma facilities
by the department or an undesignated facility in active pursuit of
designation. Funds may be disbursed under this subsection based on
a proportionate share of uncompensated trauma care provided in the
state and may be used to fund innovative projects to enhance the
delivery of patient care in the overall emergency medical services
and trauma care system.
(d) In any fiscal year, the commissioner shall use three
[not more than two] percent of the money appropriated from the
account, after any amount the commissioner is required by
Subsection (b) to reserve is deducted, to fund, in connection with
an effort to provide coordination with the appropriate trauma
service area, the cost of supplies, operational expenses, education
and training, equipment, vehicles, and communications systems for
local emergency medical services. The money shall be distributed
on behalf of eligible recipients in each county to the trauma
service area regional advisory council for that county. To receive
a distribution under this subsection, the regional advisory council
must be incorporated as an entity that is exempt from federal income
tax under Section 501(a), Internal Revenue Code of 1986, and its
subsequent amendments, by being listed as an exempt organization
under Section 501(c)(3) of that code. The share of the money
allocated to the eligible recipients in a county's geographic area
shall be based on the relative geographic size and population of the
county and on the relative number of emergency or trauma care runs
performed by eligible recipients in the county. Money that is not
disbursed by a regional advisory council to eligible recipients for
approved functions by the end of the fiscal year in which the funds
were disbursed may be retained by the regional advisory council for
use in the following fiscal year in accordance with this
subsection. Money that is not disbursed by the regional advisory
council in that following fiscal year shall be returned to the
department to be used in accordance with Subsection (c).
(e) In any fiscal year, the commissioner shall [may] use two
[not more than one] percent of the money appropriated from the
account, after any amount the commissioner is required by
Subsection (b) to reserve is deducted, for operation of the 22
trauma service areas and for equipment, communications, and
education and training for the areas. Money distributed under this
subsection shall be distributed on behalf of eligible recipients in
each county to the trauma service area regional advisory council
for that county. To receive a distribution under this subsection,
the regional advisory council must be incorporated as an entity
that is exempt from federal income tax under Section 501(a),
Internal Revenue Code of 1986, and its subsequent amendments, by
being listed as an exempt organization under Section 501(c)(3) of
that code. A regional advisory council's share of money
distributed under this section shall be based on the relative
geographic size and population of each trauma service area and on
the relative amount of trauma care provided. Money that is not
disbursed by a regional advisory council to eligible recipients for
approved functions by the end of the fiscal year in which the funds
were disbursed may be retained by the regional advisory council for
use in the following fiscal year in accordance with this
subsection. Money that is not disbursed by the regional advisory
council in that following fiscal year shall be returned to the
department to be used in accordance with Subsection (c).
SECTION 9. 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, to be used only for criminal justice
purposes; 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, to be used only for
the criminal justice purpose of funding designated trauma
facilities, county and regional emergency medical services, and
trauma care systems that provide trauma care and emergency medical
services to victims of accidents resulting from traffic offenses.
SECTION 10. 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 11. 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 12. 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) 70 [67] percent to the credit of the undedicated
portion of the general revenue fund; and
(2) 30 [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 70 [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 13. 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 14. 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) Except as provided by Subsection (c), 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 0.15 or more at the time the analysis was
performed.
(c) If the court having jurisdiction over an offense that is
the basis for a fine imposed under this section makes a finding that
the person is indigent, the court shall waive all fines and costs
imposed on the person under this section.
(d) A person must provide information to the court in which
the person is convicted of the offense that is the basis for the
fine to establish that the person is indigent. The following
documentation may be used as proof:
(1) a copy of the person's most recent federal income
tax return that shows that the person's income or the person's
household income does not exceed 125 percent of the applicable
income level established by the federal poverty guidelines;
(2) a copy of the person's most recent statement of
wages that shows that the person's income or the person's household
income does not exceed 125 percent of the applicable income level
established by the federal poverty guidelines; or
(3) documentation from a federal agency, state agency,
or school district that indicates that the person or, if the person
is a dependent as defined by Section 152, Internal Revenue Code of
1986, the taxpayer claiming the person as a dependent, receives
assistance from:
(A) the food stamp program or the financial
assistance program established under Chapter 31, Human Resources
Code;
(B) the federal special supplemental nutrition
program for women, infants, and children authorized by 42 U.S.C.
Section 1786;
(C) the medical assistance program under Chapter
32, Human Resources Code;
(D) the child health plan program under Chapter
62, Health and Safety Code; or
(E) the national free or reduced-price lunch
program established under 42 U.S.C. Section 1751 et seq.
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, to be used only for criminal
justice purposes; 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, to be used only for the criminal
justice purpose of funding designated trauma facilities, county and
regional emergency medical services, and trauma care systems that
provide trauma care and emergency medical services to victims of
accidents resulting from traffic offenses.
(f) Money collected under this section is subject to audit
by the comptroller. Money spent is subject to audit by the state
auditor.
SECTION 15. Chapter 708, Transportation Code, is repealed.
SECTION 16. (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 17. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2048 was passed by the House on May 2,
2019, by the following vote: Yeas 143, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2048 on May 23, 2019, by the following vote: Yeas 141, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2048 was passed by the Senate, with
amendments, on May 15, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor