LEGISLATIVE UPDATE FOR THE 86 REGULAR LEGISLATIVE SESSION by Traffic Lawyers of Texas Pat Monks Pat Monks – A Director of TLOT February 16, 2019 gpmonks@monkslaw.com & Kelly@Kellymlaw.com Next years conference will be at Space Center Houston on August 17, 2019. Join Traffic Lawyers of Texas

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HB 110 Author Canales – Ref’d to Criminal Jurisprudence Committe Text: Relating to a study regarding the conversion of certain Class C misdemeanors to CIVIL violations. Not later than October 1, 2020, the Office of Court Administration of the Texas Judicial System shall file a report containing the results of the study and recommendations

HB 64 by Author: Cananles/Longoria/Collier/Moody/Senfornia Thompson Referred to Criminal Jurisprudence Committee Expunction of Records: Chapter 55 of Code of Criminal Procedure by Adding 55.012, Expunction of certain Non violent misdemeanor offenses. (1)  the person was placed on deferred adjudication community supervision under Subchapter C, Chapter 42A, for the misdemeanor offense and subsequently received a dismissal and discharge under Article 42A.111;

HB 162: Author: White Referred to Homeland Security and Public Safety Committee Text: Relating to Suspending Driver’s Licenses of certain person convicted of Driving While Intoxicated offenses: Section 521.292(a) Transportation Code is amended: Would require a new violation be a DWI, not just a moving violation to cause a new suspension if driving while license is invalid.

HB 372 Author: Allen not referred to committee Text relating to offense of driving while license invalid. Section 521.457 (e) Transportation Code. Will be a Class C misdemeanor 521.457 (f) repealed Expection : will be a ‘B’ if its related to DWI

HB 465 Author: White Relating to Admin,Civil & Criminal Costs & fines imposed on persons arrested Code of Criminal Procedure: Article 1.053 Art. 1.053.  PRESENT ABILITY TO PAY. Except as otherwise specifically provided, in determining a defendant's ability to pay for any purpose, the court shall consider only the defendant's present ability to pay. Art. 43.035.  RECONSIDERATION OF FINE OR COSTS. (a) If a defendant notifies the court that the defendant has difficulty paying the fine and costs in compliance with the judgment, the court shall hold a hearing to determine whether the judgment imposes an undue hardship on the defendant.

HB 229 Author Gervin-Hawkins Not referred to committee Text: Relating to temporary confidentiality and automatic expunction of records relating to certain nonviolent misdemeanors Provides for automatic expunction if not arrested for violent offense within a certain period of time.

Surcharge Bills Relating to abolition of Surcharge Program HB 550 abolishes surcharge program HB 683 Repeals driver responsibility system SB 87 Repeals Surcharge system and inspection fee to go trauma fund. HB 1145 Would increase state fines from $30 to $50 and abolish the surcharge program