By: Watson	S.B. No. 1923

	A BILL TO BE ENTITLED
	AN ACT
	relating to the funding of the designated trauma facility and
	emergency medical services account through the imposition of court
	costs on persons convicted of certain driving-related offenses.
	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.  Subchapter A, Chapter 102, Code of Criminal
	Procedure, is amended by adding Article 102.023 to read as follows:
	Art. 102.023.  COURT COSTS:  DESIGNATED TRAUMA FACILITY AND
	EMERGENCY MEDICAL SERVICES ACCOUNT. (a)  In this article, "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 all other costs on conviction imposed by
	this chapter, a person shall pay
	(1)  $2,000 as a court cost on conviction of an offense
	relating to the operating of a motor vehicle while intoxicated;
	(2)  $500 as a court cost on conviction of an offense
	under Section 545.420, 545.421, 550.021, or 550.023(3),
	Transportation Code;
	(3)  $500 as a court cost on conviction of an offense
	under Section 19.04, 19.05, or 22.02, Penal Code, if the person who
	committed the offense was operating a motor vehicle at the time of
	the offense;
	(4)  $100 as a court cost on conviction of an offense
	under Section 552.003, 552.006(c), 552.008, 545.060(a), 545.066,
	545.151, 545.156, 545.401, 545.414, 545.417, 545.424(a),
	545.425(b), 545.4252(b), or 547.004, Transportation Code;
	(5)  $100 as a court cost on conviction of an offense
	under Section 545.351, Transportation Code, if the person who
	committed the offense was driving at a speed greater than 10% of the
	posted speed limit, in a school crossing zone, or when a special
	hazard exists with regard to traffic, including pedestrians, or
	weather or highway conditions; or
	(6)  $50 as a court cost on conviction of an offense
	under Section 521.021, 521.221(c), 521.253(a)(1), 521.457,
	601.191, or 601.371, Transportation Code.
	(c)  For purposes of this article, a person is considered
	convicted if:
	(1)  a sentence is imposed on the person;
	(2)  the person is placed on community supervision,
	including deferred adjudication community supervision; or
	(3)  the court defers final disposition of the person's
	case.
	(d)  Court costs under this article are collected in the same
	manner as other fines or costs. An officer collecting the costs
	shall keep separate records of the money collected as costs under
	this article and shall deposit the money in the county or municipal
	treasury, as appropriate.
	(e)  The custodian of a county or municipal treasury may
	deposit money collected under this section in an interest-bearing
	account. The custodian shall:
	(1)  keep records of the amount of money on deposit
	collected under this article; and
	(2)  send to the comptroller before the last day of the
	first month following each calendar quarter the money collected
	under this article during the preceding quarter.
	(f)  A county or municipality may retain five percent of the
	money collected under this section as a service fee for the
	collection if the county or municipality remits the funds to the
	comptroller within the period prescribed by Subsection (e).  The
	county or municipality may retain any interest accrued on the money
	if the custodian of the treasury keeps records of the amount of
	money on deposit collected under this article and remits the funds
	to the comptroller within the period prescribed by Subsection (e).
	(g)  If no money due as a cost under this article is deposited
	in a county or municipal treasury in a calendar quarter, the
	custodian of the treasury shall file the report required for the
	quarter in the regular manner and must state that no money was
	collected.
	(h)  The comptroller shall deposit the money received under
	this article to the credit of the designated trauma facility and
	emergency medical services account under Section 780.003, Health
	and Safety Code.
	SECTION 3.  Section 1001.257, Education Code, is amended to
	read as follows:
	Sec. 1001.257.  DENIAL OF LICENSE. The commissioner may not
	issue or renew a driver education instructor license, including a
	temporary license, to a person who has been convicted of:
	(1)  three or more moving violations described by
	Section 542.304, Transportation Code, including violations that
	resulted in an accident; or
	(2)  two or more moving violations described by Section
	542.304, Transportation Code, that resulted in an accident [six or
	more points assigned to the person's driver's license under
	Subchapter B, Chapter 708, Transportation Code].
	SECTION 4.  Subchapter B, Chapter 102, Government Code, is
	amended by adding Section 102.02135 to read as follows:
	Sec. 102.02135.  ADDITIONAL COURT COSTS:  TRANSPORTATION
	CODE. A person shall pay the following under Article 102.023, Code
	of Criminal Procedure, in addition to all other costs, to be used to
	fund the designated trauma facility and emergency medical services
	account:
	(1)  court cost on conviction of an offense relating to
	the operating of a motor vehicle while intoxicated, as defined by
	Section 49.09, Penal Code (Art. 102.023(b)(1)) . . . $2,000;
	(2)  court cost on conviction of an offense under
	Section 545.420, 545.421, 550.021, or 550.023(3), Transportation
	Code (Art. 102.023(b)(2)). . . $500;
	(3)  court cost on conviction of an offense under
	Section 19.04, 19.05, or 22.02, Penal Code, if the person who
	committed the offense was operating a motor vehicle at the time of
	the offense (Art. 102.023(b)(3)). . . $500;
	(4)  court cost on conviction of an offense under
	Section 552.003, 552.006(c), 552.008, 545.060(a), 545.066,
	545.151, 545.156, 545.401, 545.414, 545.417, 545.424(a),
	545.425(b), 545.4252(b), or 547.004, Transportation Code (Art.
	102.023(b)(4)). . . $100;
	(5)  court cost on conviction of an offense under
	Section 545.351, Transportation Code, if the person who committed
	the offense was driving at a speed greater than 10% of the posted
	speed limit, in a school crossing zone, or when a special hazard
	exists with regard to traffic, including pedestrians, or weather or
	highway conditions (Art. 102.023(b)(5)). . . $100; and
	(6)  court cost on conviction of an offense under
	Section 521.021, 521.221(c), 521.253(a)(1), 521.457, 601.191, or
	601.371, Transportation Code (Art. 102.023(b)(6)). . . $50.
	SECTION 5.  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 6.  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 7.  Section 773.06141(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The commissioner 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 Sections 3g(a)(1)(A)
	through (H), Article 42.12, 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 8.  Section 780.002, Health and Safety Code, is
	amended to read as follows:
	Sec. 780.002.  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 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.  Subject to appropriations,
	the money shall 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.  Section 521.205(a), Transportation Code, is
	amended to read as follows:
	(a)  The department by rule shall provide for approval of a
	driver education course conducted by the parent, stepparent, foster
	parent, legal guardian, step-grandparent, or grandparent of a
	person who is required to complete a driver education course to
	obtain a Class C license. The rules must provide that:
	(1)  the person conducting the course 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)  the student driver spend a minimum number of hours
	in:
	(A)  classroom instruction; and
	(B)  behind-the-wheel instruction;
	(3)  the person conducting the course not be convicted
	of:
	(A)  criminally negligent homicide; or
	(B)  driving while intoxicated;
	(4)  the person conducting the course not be disabled
	because of mental illness; and
	(5)  at the time a person begins conducting the course,
	the person not have been convicted 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
	[conducting the course not have six or more points assigned to the
	person's driver's license under Subchapter B, Chapter 708, at the
	time the person begins conducting the course].
	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 1001.257, Education Code;
	(3)  Section 411.110(f), Government Code;
	(4)  Sections 773.0614(b) and 773.06141(a), Health and
	Safety Code; and
	(5)  Section 521.205(a), Transportation 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 a 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; or
	(C)  an offense adjudicated under Article 45.051
	or 45.0511, Code of Criminal Procedure.
	SECTION 12.  Section 542.4031(h), Transportation Code, is
	amended to read as follows:
	(h)  Notwithstanding Subsection (g)(1), in any state fiscal
	year the comptroller shall deposit 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 (g)(1) [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 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.  Chapter 708, Transportation Code, is repealed.
	SECTION 15.  (a) Notwithstanding the repeal by this Act of
	Chapter 708, Transportation Code, a surcharge imposed under former
	Chapter 708 of that code before the effective date of this Act is
	governed by the applicable law in effect before the effective date
	of this Act, and the former law is continued in effect for that
	purpose.
	(b)  Article 102.023, Code of Criminal Procedure, as added by
	this Act, applies only to a cost on conviction for an offense
	committed on or after the effective date of this Act. An offense
	committed before the effective date of this Act is governed by the
	law in effect when the offense was committed, and the former law is
	continued in effect for that purpose. For purposes of this section,
	an offense was committed before the effective date of this Act if
	any element of the offense occurred before that date.
	SECTION 16.  This Act takes effect September 1, 2015.