85R9629 AAF-F     By: Wray H.B. No. 3272       A BILL TO BE ENTITLED   AN ACT   relating to the suspension, revocation, or cancellation of a   driver's license or personal identification certificate and to   certain conduct constituting contempt of court that may result in   the suspension or denial of a driver's license.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Article 45.050, Code of Criminal   Procedure, is amended to read as follows:          Art. 45.050.  FAILURE TO PAY FINE; FAILURE TO APPEAR;   CONTEMPT: JUVENILES.          SECTION 2.  Article 45.050(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  A justice or municipal court may not order the   confinement of a child for:                (1)  the failure to pay all or any part of a fine or   costs imposed for the conviction of an offense punishable by fine   only; [or]                (2)  the failure to appear for an offense committed by   the child; or                (3)  contempt of another order of a justice or   municipal court.          SECTION 3.  Section 521.292(a), Transportation Code, is   amended to read as follows:          (a)  The department shall suspend the person's license if the   department determines that the person:                (1)  has operated a motor vehicle on a highway while the   person's license was suspended, canceled, disqualified, or   revoked, or without a license after an application for a license was   denied;                (2)  is a habitually reckless or negligent operator of   a motor vehicle;                (3)  is a habitual violator of the traffic laws;                (4)  has permitted the unlawful or fraudulent use of   the person's license;                (5)  has committed an offense in another state or   Canadian province that, if committed in this state, would be   grounds for suspension;                (6)  has been convicted of two or more separate   offenses of a violation of a restriction imposed on the use of the   license;                (7)  has been responsible as a driver for any accident   resulting in serious personal injury or serious property damage;                (8)  is under 18 years of age [the holder of a   provisional license issued under Section 521.123] and has been   convicted of two or more moving violations committed within a   12-month period; or                (9)  has committed an offense under Section 545.421.          SECTION 4.  Section 521.294, Transportation Code, is amended   to read as follows:          Sec. 521.294.  DEPARTMENT'S DETERMINATION FOR LICENSE   REVOCATION. The department shall revoke the person's license if   the department determines that the person:                (1)  is incapable of safely operating a motor vehicle;                (2)  has not complied with the terms of a citation   issued by a jurisdiction that is a party to the Nonresident Violator   Compact of 1977 for a traffic violation to which that compact   applies;                (3)  has failed to provide medical records or has   failed to undergo medical or other examinations as required by a   panel of the medical advisory board;                (4)  has failed to pass an examination required by the   director under this chapter; or                (5)  [has been reported by a court under Section   521.3452 for failure to appear unless the court files an additional   report on final disposition of the case;                [(6)     has been reported within the preceding two years   by a justice or municipal court for failure to appear or for a   default in payment of a fine for a misdemeanor punishable only by   fine, other than a failure reported under Section 521.3452,   committed by a person who is at least 14 years of age but younger   than 17 years of age when the offense was committed, unless the   court files an additional report on final disposition of the case;   or                [(7)]  has committed an offense in another state or   Canadian province that, if committed in this state, would be   grounds for revocation.          SECTION 5.  Section 521.300, Transportation Code, is amended   by adding Subsection (a-1) to read as follows:          (a-1)  A hearing under this subchapter may be conducted by   telephone or video conference call if the presiding officer   provides notice to the affected parties.          SECTION 6.  Section 521.314, Transportation Code, is amended   to read as follows:          Sec. 521.314.  CANCELLATION AUTHORITY. The department may   cancel a license or certificate if it determines that the holder:                (1)  is [was] not entitled to the license or   certificate; [or]                (2)  failed to give required information in the   application for the license or certificate; or                (3)  paid the required fee for the license or   certificate by check or credit card that was returned to the   department or not honored by the funding institution or credit card   company due to insufficient funds, a closed account, or any other   reason.          SECTION 7.  The changes in law made by this Act to Sections   521.292, 521.294, and 521.314, Transportation Code, apply only to a   determination to suspend, revoke, or cancel a driver's license or   personal identification certificate made by the Department of   Public Safety on or after the effective date of this Act.  A   determination to suspend, revoke, or cancel a driver's license or   personal identification certificate made before the effective date   of this Act is governed by the law in effect when the determination   was made, and the former law is continued in effect for that   purpose.          SECTION 8.  This Act takes effect September 1, 2017.