HB 1078 - License Fees waived for people certified to perform CPR

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CrimsonSoul
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Re: HB 1078 - License Fees waived for people certified to perform CPR

#16

Post by CrimsonSoul »

Passed and otw to Gov
Approved 07/17/09
In hand 07/17/09
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jmorris
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Re: HB 1078 - License Fees waived for people certified to perform CPR

#17

Post by jmorris »

Gator Guy wrote: Fri Mar 08, 2019 9:17 am
RoyGBiv wrote: Thu Mar 07, 2019 10:21 am
CrimsonSoul wrote: Thu Mar 07, 2019 9:07 am
Gator Guy wrote: Wed Mar 06, 2019 9:26 am I got a CPR card so I could ignore 30.06 signs but waived license fees would be icing on the cake.
I just got my CPR card a week ago (Going to try and go into an lvn/rn program at the beginning of the year). How does having a cpr card allow you to ignore 30.06?
It doesn't. Although some people think it does.
IMO, just because you have a CPR card does not make you fit the definition of "volunteer emergency services personnel".
If you're not part of a more formal volunteer organization of some sort, good luck invoking 30.06/07 (f).

Just my opinion. Feel free to be a test case. I could certainly be wrong.

Emphasis mine.
https://codes.findlaw.com/tx/penal-code ... 30-06.html
(f) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01.

https://codes.findlaw.com/tx/penal-code ... 46-01.html
(18) “Volunteer emergency services personnel” includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code , and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations.
Thank you for posting the text so everybody can see the law clearly says any individual who... not a member of a formal volunteer emergency services organization of some sort who... despite what some people think.

:tiphat:
And just to throw some more oil on the fire, below is from the DPS new legislation pages.

House Bill 435 Effective: September 1, 2017
........other stuff.......
Authorizes volunteer emergency services personnel to carry a handgun while engaged in providing emergency services if that emergency service person is licensed to carry.

https://www.dps.texas.gov/RSD/LTC/Legal ... lation.htm

Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
........
(10) a person who is volunteer emergency services personnel if the person is:
(A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services.


Don't argue with me, argue with DPS.
Jay E Morris,
Guardian Firearm Training, NRA Pistol, LTC < retired from all
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txpilot
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Re: HB 1078 - License Fees waived for people certified to perform CPR

#18

Post by txpilot »

I realize this is an old thread, however I'm wondering if anyone has actually been able to enjoy the benefits yet?

The reason I ask is that today (May 22, 2023 - 3-1/2 years after effective) my wife renewed her Driver License at the Dacoma St, Houston DMV location and presented her CPR certificate (valid 03/2023 - 03/2025) and they would not waive the renewal fee. The clerk and the supervisor stated that they have not received any documentation indicating how they are to pay for it.

I think I see where they get this, but just wondering if anyone has had a successful application of HB1078?

The Government Code (411.1954) covering LTC, and the Transportation Code (521.1812) both contain the wording authorizing the fee waiver. However, in the original bill, section 4 (which was not written into any of the Codes) seems to be where DPS (DMV) is saying that the law is not implemented yet. That section says:
SECTION 4. The Department of Public Safety of the State of
Texas is required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the Department of Public Safety of the State of Texas may,
but is not required to, implement a provision of this Act using
other appropriations available for that purpose.
I wonder if that's the reason they won't give the waiver. (Maybe the legislature did not appropriate money for that purpose, so they "MAY, BUT NOT REQUIRED" implement the act.

Any thoughts - or has anyone actually gotten the fee waived?
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puma guy
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Re: HB 1078 - License Fees waived for people certified to perform CPR

#19

Post by puma guy »

txpilot wrote: Mon May 22, 2023 1:51 pm I realize this is an old thread, however I'm wondering if anyone has actually been able to enjoy the benefits yet?

The reason I ask is that today (May 22, 2023 - 3-1/2 years after effective) my wife renewed her Driver License at the Dacoma St, Houston DMV location and presented her CPR certificate (valid 03/2023 - 03/2025) and they would not waive the renewal fee. The clerk and the supervisor stated that they have not received any documentation indicating how they are to pay for it.

I think I see where they get this, but just wondering if anyone has had a successful application of HB1078?

The Government Code (411.1954) covering LTC, and the Transportation Code (521.1812) both contain the wording authorizing the fee waiver. However, in the original bill, section 4 (which was not written into any of the Codes) seems to be where DPS (DMV) is saying that the law is not implemented yet. That section says:
SECTION 4. The Department of Public Safety of the State of
Texas is required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the Department of Public Safety of the State of Texas may,
but is not required to, implement a provision of this Act using
other appropriations available for that purpose.
I wonder if that's the reason they won't give the waiver. (Maybe the legislature did not appropriate money for that purpose, so they "MAY, BUT NOT REQUIRED" implement the act.

Any thoughts - or has anyone actually gotten the fee waived?
DPS rejected implementing the waivers.
https://www.lubbockonline.com/story/new ... 446575007/
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