85R1987 AJZ-D     By: Hall S.B. No. 90       A BILL TO BE ENTITLED   AN ACT   relating to the repeal of the driver responsibility program.          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 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 8.  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 9.  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 10.  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 11.  Chapter 708, Transportation Code, is repealed.          SECTION 12.  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.          SECTION 13.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2017.