Be it enacted by the legislature of the state of texas
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(f) Toll revenue collected under this section: (1) shall be deposited in the state highway fund; (2) may be used by the department to finance the improvement, extension, expansion, or operation of the converted segment of highway and may not be collected except for those purposes; and (3) is exempt from the application of Section 403.095, Government Code. (g) The commission may only convert a segment of the state highway system under this section if the conversion is approved by the commissioners court of each county within which the segment is located. ARTICLE 8. COMMERCIAL DRIVER'S LICENSES SECTION 8.01. Section 522.003(25), Transportation Code, is amended to read as follows: (25) "Serious traffic violation" means: (A) a conviction arising from the driving of a commercial motor vehicle, other than a parking, vehicle weight, or vehicle defect violation, for: (i) [ (ii) [ (iii) [ (iv) [ (v) [ (vi) [ (B) a violation of Section 522.015. SECTION 8.02. Section 522.081, Transportation Code, is amended to read as follows: Sec. 522.081. DISQUALIFICATION. (a) This subsection applies [ (1) 60 days if convicted of: (A) two serious traffic violations that occur within a three‑year period; or (B) one violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing; or (2) 120 days if convicted of: (A) three serious traffic violations arising from separate incidents occurring within a three‑year period; or (B) two violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a three‑year period[ [ (b) This subsection applies to a violation committed while operating any motor vehicle, including a commercial motor vehicle, except as provided by this subsection. A person who holds a commercial driver's license is disqualified from driving a commercial motor vehicle for one year:
[ (C) [ (D) [ [ (E) [ (3) for refusing to submit to a test under Chapter 724 to determine the person's alcohol concentration or the presence in the person's body of a controlled substance or drug while operating a motor vehicle in a public place; or (4) if an analysis of the person's blood, breath, or urine under Chapter 724 determines that the person: (A) had an alcohol concentration of 0.04 or more, or that a controlled substance or drug was present in the person's body, while operating a commercial motor vehicle in a public place; or (B) had an alcohol concentration of 0.08 or more while operating a motor vehicle, other than a commercial motor vehicle, in a public place. (c) A person who holds a commercial driver's license is disqualified from operating a commercial motor vehicle for three years if: (1) the person: (A) is convicted of an offense [ (B) refuses to submit to a test under Chapter 724 to determine the person's alcohol concentration or the presence in the person's body of a controlled substance or drug while operating a motor vehicle in a public place and the vehicle being operated by the person was transporting a hazardous material required to be placarded; or (2) an analysis of the person's blood, breath, or urine under Chapter 724 determines that while transporting a hazardous material required to be placarded the person: (A) while operating a commercial motor vehicle in a public place had an alcohol concentration of 0.04 or more, or a controlled substance or drug present in the person's body; or (B) while operating a motor vehicle, other than a commercial motor vehicle, in a public place had an alcohol concentration of 0.08 or more [ (d) A person is disqualified from driving a commercial motor vehicle for life: (1) if the person [ [ (2) if the person uses a [ (A) the manufacture, distribution, or dispensing of a controlled substance; or (B) possession with intent to manufacture, distribute, or dispense a controlled substance; or
(e) A person may not be issued a commercial driver's license and is disqualified from operating a commercial motor vehicle if, in connection with the person's operation of a commercial motor vehicle, the person commits an offense or engages in conduct that would disqualify the holder of a commercial driver's license from operating a commercial motor vehicle, or is determined to have had an alcohol concentration of 0.04 or more or to have had a controlled substance or drug present in the person's body. The period of prohibition under this subsection is equal to the appropriate period of disqualification required by Subsections (a)‑(d). (f) In this section, "felony" means an offense under state or federal law that is punishable by death or imprisonment for a term of more than one year. SECTION 8.03. Section 522.087, Transportation Code, is amended to read as follows: Sec. 522.087. PROCEDURES APPLICABLE TO DISQUALIFICATION. (a) A person is automatically disqualified under Section 522.081(a)(1)(B), Section 522.081(b)(2) [ (b) Disqualifying a person under Section 522.081(a), other than under Subdivision (1)(B) of that subsection, Section 522.081(b)(1), or Section 522.081(d)(1) or (3) is subject to the notice and hearing procedures of Sections 521.295‑521.303. An appeal of the disqualification is subject to Section 521.308. SECTION 8.04. Section 543.202(b), Transportation Code, is amended to read as follows: (b) The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea, the judgment, whether the individual was adjudicated under Article 45.0511, Code of Criminal Procedure, and whether bail was forfeited; (8) the date of conviction; and (9) the amount of the fine or forfeiture. SECTION 8.05. Section 543.101, Transportation Code, is repealed. SECTION 8.06. (a) This article takes effect June 1, 2005. (b) Sections 522.081 and 522.087, Transportation Code, as amended by this article, apply only to conduct that is engaged in or to an offense that is committed on or after the effective date of this article. Conduct that is engaged in or an offense committed before the effective date of this article is governed by Sections 522.081 and 522.087, Transportation Code, as those sections existed immediately before the effective date of this article, and the former law is continued in effect for that purpose. ARTICLE 9. MOTOR VEHICLE SALES TAX SECTION 9.01. Chapter 152, Tax Code, is amended by amending Section 152.121 and adding Section 152.123 to read as follows: Sec. 152.121. TAX SENT TO COMPTROLLER. (a) After crediting the amounts as provided by Section 152.123, a [ (1) on the 10th day of each month if during the last preceding state fiscal year less than $2 million of the taxes and penalties imposed by this chapter was collected by the office of the county tax assessor‑collector; (2) once each week if during the last preceding state fiscal year $2 million or more, but less than $10 million, of the taxes and penalties imposed by this chapter was collected by the office of the county tax assessor‑collector; or (3) daily (as collected) if during the last preceding state fiscal year $10 million or more of the taxes and penalties imposed by this chapter was collected by the office of the county tax assessor‑collector. (b) Taxes on metal dealer plates collected by the Texas Department of Transportation shall be deposited by the department in the state treasury in the same manner as are other taxes collected under this chapter. (c) If the amount of net collections under Chapter 502, Transportation Code, and this chapter is insufficient to cover the amount of those net collections authorized to be retained by a county as a percentage of the tax and penalties collected under this chapter, the comptroller shall on request of the county tax assessor‑collector authorize the county to retain a portion of the tax and penalties collected under this chapter to cover the deficiency. Sec. 152.123. TAX RETAINED BY COUNTY. (a) The county tax assessor‑collector each calendar year shall calculate five percent of the tax and penalties collected by the county tax assessor‑collector under this chapter in the preceding calendar year. In addition, the county tax assessor‑collector shall calculate each calendar year an amount equal to five percent of the tax and penalties that the comptroller: (1) collected under Section 152.047 in the preceding calendar year; and (2) determines are attributable to sales in the county. (b) The county shall retain the following percentage of the amounts calculated under Subsection (a) during each of the following fiscal years: (1) in fiscal year 2006, 10 percent; (2) in fiscal year 2007, 20 percent; (3) in fiscal year 2008, 30 percent; (4) in fiscal year 2009, 40 percent; (5) in fiscal year 2010, 50 percent; (6) in fiscal year 2011, 60 percent; (7) in fiscal year 2012, 70 percent; (8) in fiscal year 2013, 80 percent; (9) in fiscal year 2014, 90 percent; (10) in fiscal year 2015 and succeeding years, 100 percent. (c) The county shall credit the amounts retained under Subsection (b) to the county's general fund. SECTION 9.02. Section 502.102(b), Transportation Code, is amended to read as follows: (b) Each Monday, a county assessor‑collector shall credit to the county road and bridge fund an amount equal to the net collections made during the preceding week until the amount so credited for the calendar year equals the total of: (1) $60,000; (2) $350 for each mile of county road maintained by the county, according to the most recent information available from the department, not to exceed 500 miles; and (3) an additional amount of fees equal to the amount calculated under Section 502.1025 [ [ SECTION 9.03. Chapter 502, Transportation Code, is amended by adding Section 502.1025 to read as follows: Sec. 502.1025. CALCULATION OF ADDITIONAL FEE AMOUNTS RETAINED BY A COUNTY. (a) The county tax assessor‑collector each calendar year shall calculate five percent of the tax and penalties collected by the county tax assessor‑collector under Chapter 152, Tax Code, in the preceding calendar year. In addition, the county tax assessor‑collector shall calculate each calendar year an amount equal to five percent of the tax and penalties that the comptroller: (1) collected under Section 152.047, Tax Code, in the preceding calendar year; and (2) determines are attributable to sales in the county. (b) A county tax assessor‑collector shall retain under Section 502.102(b) fees based on the following percentage of the amounts calculated under subsection (a) during each of the following fiscal years: (1) in fiscal year 2006, 90 percent; (2) in fiscal year 2007, 80 percent; (3) in fiscal year 2008, 70 percent; (4) in fiscal year 2009, 60 percent; (5) in fiscal year 2010, 50 percent; (6) in fiscal year 2011, 40 percent; (7) in fiscal year 2012, 30 percent; (8) in fiscal year 2013, 20 percent; (9) in fiscal year 2014, 10 percent; (10) in fiscal year 2015 and succeeding years, 0 percent. (c) The county shall credit the amounts retained under Subsection (b) to the county road and bridge fund. Money credited to the fund under this section may only be used for: (1) county road construction, maintenance, and repair; (2) bridge construction, maintenance, and repair; (3) the purchase of right‑of‑way for road or highway purposes; or (4) the relocation of utilities for road or highway purposes. SECTION 9.04. Section 502.108(e), Transportation Code, is repealed. SECTION 9.05. This article takes effect September 1, 2005. ARTICLE 10. DRIVER RESPONSIBILITY SECTION 10.01. Subtitle I, Title 7, Transportation Code, is amended by adding Chapter 708 to read as follows: CHAPTER 708. DRIVER RESPONSIBILITY PROGRAM SUBCHAPTER A. GENERAL PROVISIONS Sec. 708.001. DEFINITIONS. In this chapter, "department" and "license" have the meanings assigned by Section 521.001. Sec. 708.002. RULES. The department shall adopt and enforce rules to implement and enforce this chapter. Sec. 708.003. FINAL CONVICTIONS. For purposes of this chapter, a conviction for an offense to which this chapter applies is a final conviction, regardless of whether the sentence is probated. [Sections 708.004‑708.050 reserved for expansion] SUBCHAPTER B. DRIVER'S LICENSE POINTS SURCHARGE Sec. 708.051. NONAPPLICABILITY. This subchapter does not apply to: (1) a conviction that became final before September 1, 2003; or (2) an offense covered by Subchapter C. Sec. 708.052. ASSIGNMENT OF POINTS FOR CERTAIN CONVICTIONS. (a) The driver's license of a person accumulates a point under this subchapter as of the date the department records a conviction of the person under Section 521.042 or other applicable law. (b) For each conviction arising out of a separate transaction, the department shall assign points to a person's license as follows: (1) two points for a moving violation of the traffic law of this state or another state that is not described by Subdivision (2); and (2) three points for a moving violation of the traffic law of this state, another state, or a political subdivision of this or another state that resulted in an accident. (c) The department by rule shall designate the offenses that constitute a moving violation of the traffic law under this section. (d) Notwithstanding Subsection (b), the department may not assign points to a person's driver's license if the offense of which the person was convicted is the offense of speeding and the person was at the time of the offense driving less than 10 percent faster than the posted speed limit. This subsection does not apply to an offense committed in a school crossing zone as defined by Section 541.302. (e) Notwithstanding Subsection (b), the department may not assign points to a person's license if the offense committed by the person was adjudicated under Article 45.051 or 45.0511, Code of Criminal Procedure. Sec. 708.053. ANNUAL SURCHARGE FOR POINTS. Each year, the department shall assess a surcharge on the license of a person who has accumulated six or more points under this subchapter during the preceding 36‑month period. Sec. 708.054. AMOUNT OF POINTS SURCHARGE. The amount of a surcharge under this chapter is $100 for the first six points and $25 for each additional point. Sec. 708.055. NOTICE OF ASSIGNMENT OF FIFTH POINT. The department shall notify the holder of a driver's license of the assignment of a fifth point on that license by first class mail sent to the person's most recent address as shown on the records of the department. [Sections 708.056‑708.100 reserved for expansion] SUBCHAPTER C. SURCHARGES FOR CERTAIN CONVICTIONS AND LICENSE SUSPENSIONS Sec. 708.101. NONAPPLICABILITY. This subchapter does not apply to a conviction that became final before September 1, 2003. Sec. 708.102. SURCHARGE 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) Each year the department shall assess a surcharge on the license of each 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. (c) The amount of a surcharge under this section is $1,000 per year, except that the amount of the surcharge 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. (d) A surcharge under this section for the same conviction may not be assessed in more than three years. Sec. 708.103. SURCHARGE FOR CONVICTION OF DRIVING WHILE LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. (a) Each year the department shall assess a surcharge on the license of each person who during the preceding 36‑month period has been convicted of an offense under Section 521.457, 601.191, or 601.371. (b) The amount of a surcharge under this section is $250 per year. Sec. 708.104. SURCHARGE FOR CONVICTION OF DRIVING WITHOUT VALID LICENSE. (a) Each year the department shall assess a surcharge on the license of a person who during the preceding 36‑month period has been convicted of an offense under Section 521.021. (b) The amount of a surcharge under this section is $100 per year. (c) A surcharge under this section for the same conviction may not be assessed in more than three years. [Sections 708.105‑708.150 reserved for expansion] SUBCHAPTER D. COLLECTION OF SURCHARGES Sec. 708.151. NOTICE OF SURCHARGE. The department shall notify the holder of a driver's license of the assessment of a surcharge on that license by first class mail sent to the person's most recent address as shown on the records of the department. The notice must specify the date by which the surcharge must be paid and state the consequences of a failure to pay the surcharge. Directory: tlodocs tlodocs -> Senate concurrent resolution tlodocs -> 79R2827 jhs-d by: Brown of Kaufman H. R. N tlodocs -> 81R26285 mms-d by: Heflin H. R. N tlodocs -> Whereas, The family and friends of U. S. Army Corporal Peter Courcy of Frisco suffered an immeasurable loss with the death of this valiant soldier on February 10, 2009, at the age of 22 tlodocs -> Bill analysis tlodocs -> Background and purpose tlodocs -> Background and purpose tlodocs -> A bill to be entitled tlodocs -> A bill to be entitled tlodocs -> 78S30776 mw d by: Quintanilla H. R. N Download 0.68 Mb. Share with your friends:
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