By: Miles S.B. No. 2185               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; authorizing and   increasing criminal fines.          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   adding Subsection (a-1) to read as follows:          (a-1)  Notwithstanding Subsection (a)(4), the rules adopted   under Subsection (a) must provide that on the date a person   described by Subsection (a) begins conducting a driver education   course, the person conducting the course has not been convicted   during the preceding 36-month period 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.          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 542.406, [and] 707.008, and 709.003,   Transportation Code, and under Section 780.002 of this code.          SECTION 8.  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 9.  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-1), 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; or                      (C)  an offense adjudicated under Article 45.051   or 45.0511, Code of Criminal Procedure.          SECTION 10.  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 $60 [$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 2.5 [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)  58.5 [67] percent to the credit of the undedicated   portion of the general revenue fund; and                (2)  41.5 [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 58.5 [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 11.  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 12.  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 during the preceding 36-month period has been   finally convicted of an offense relating to the operating of a motor   vehicle while intoxicated shall pay a fine each year.          (c)  The amount of a fine under this section is $1,000 per   year, except that the amount of the fine is:                (1)  $1,500 per year for a second or subsequent   conviction within a 36-month period; and                (2)  $2,000 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.  TRAFFIC FINE FOR CONVICTION OF DRIVING   WITHOUT FINANCIAL RESPONSIBILITY. (a) In addition to the fine   prescribed under Section 601.191, a person who during the preceding   36-month period has been convicted of an offense under Section   601.191 shall pay a fine each year.          (b)  Except as provided by Subsection (c), the amount of a   fine under this section is $250 per year.          (c)  The amount of a fine under this section is $125 per year   if the person establishes financial responsibility under Section   601.051 not later than the 60th day after the date of the offense   through a motor vehicle liability insurance policy that:                (1)  complies with Subchapter D, Chapter 601; and                (2)  is prepaid and valid for at least a six-month   period.          Sec. 709.003.  REMITTANCE OF TRAFFIC FINES COLLECTED TO   COMPTROLLER. (a) An officer collecting a traffic fine under   Section 709.002 in a case in municipal court shall keep separate   records of the money collected and shall deposit the money in the   municipal treasury.          (b)  An officer collecting a traffic fine under Section   709.001 or 709.002 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.           (c)  Each calendar quarter, an officer collecting a traffic   fine under Section 709.001 or 709.002 shall submit a report to the   comptroller. The report must comply with Articles 103.005(c) and   (d), Code of Criminal Procedure.           (d)  The custodian of money in a municipal or county treasury   may deposit money collected under Sections 709.001 and 709.002 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.           (e)  A municipality or county may retain 2.5 percent of the   money collected under Sections 709.001 and 709.002 as a service fee   for the collection if the county remits the funds to the comptroller   within the period described by Subsection (d). 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 (d).           (f)  The comptroller shall deposit money remitted to the   comptroller under this section to the credit of the designated   trauma facility and emergency medical services account under   Section 780.003, Health and Safety Code.          (g)  Money collected under this section is subject to audit   by the comptroller. Money spent is subject to audit by the state   auditor.          SECTION 13.  Chapter 708, Transportation Code, is repealed.          SECTION 14.  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.          SECTION 15.  This Act takes effect September 1, 2017.