By:  Wolens                                            H.B. No. 215
       73R1052 JD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to eligibility for federal funds for highway and
    1-3  alcohol-awareness programs through the implementation of a
    1-4  statewide administrative driver's license revocation program;
    1-5  providing penalties.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Title 116, Revised Statutes, is amended by adding
    1-8  Article 6687b-1 to read as follows:
    1-9        Art. 6687b-1.  Suspension Based on Administrative
   1-10  Determination
   1-11        Sec. 1.  In this article:
   1-12              (1)  "Alcohol concentration" has the meaning assigned
   1-13  by Article 6701l-1(a), Revised Statutes.
   1-14              (2)  "Alcohol-related or drug-related enforcement
   1-15  contact" means a driver's license suspension, disqualification, or
   1-16  prohibition order under the laws of this state or another state
   1-17  following:
   1-18                    (A)  conviction of an offense prohibiting the
   1-19  operation of a motor vehicle while intoxicated, while under the
   1-20  influence of alcohol, or while under the influence of a controlled
   1-21  substance;
   1-22                    (B)  a refusal to submit to the taking of a blood
   1-23  or breath specimen following an arrest for an offense prohibiting
   1-24  the operation of a motor vehicle while intoxicated, while under the
    2-1  influence of alcohol, or while under the influence of a controlled
    2-2  substance; or
    2-3                    (C)  an analysis of a blood or breath specimen
    2-4  showing an alcohol concentration of a level specified in Article
    2-5  6701l-1(a), Revised Statutes, following an arrest for an offense
    2-6  prohibiting the operation of a motor vehicle while intoxicated.
    2-7              (3)  "Department" means the Department of Public
    2-8  Safety.
    2-9              (4)  "Director" means the director of the Department of
   2-10  Public Safety.
   2-11              (5)  "Driver's license" has the meaning assigned by
   2-12  Section 1, Chapter 173, Acts of the 47th Legislature, Regular
   2-13  Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).
   2-14              (6)  "Public place" has the meaning assigned by Section
   2-15  1.07(a), Penal Code.
   2-16        Sec. 2.  (a)  If a person arrested for an offense under
   2-17  Article 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal
   2-18  Code, submits to the taking of a specimen of breath or blood and an
   2-19  analysis of the specimen shows the person had an alcohol
   2-20  concentration of a level specified in Article 6701l-1(a), Revised
   2-21  Statutes, the arresting officer shall serve notice of driver's
   2-22  license suspension personally on the arrested person.
   2-23        (b)  If a person arrested for an offense under Article
   2-24  6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal Code,
   2-25  submits to the taking of a specimen of breath or blood and an
   2-26  analysis of the specimen is not returned to the arresting officer
   2-27  before the person is admitted to bail, released from custody, or
    3-1  committed to jail, the arresting officer shall attempt to serve
    3-2  notice of driver's license suspension personally on the arrested
    3-3  person.
    3-4        (c)  When a peace officer serves notice of suspension of a
    3-5  driver's license, the officer shall take possession of any driver's
    3-6  license issued by this state and held by the person arrested.  The
    3-7  officer shall issue a temporary driving permit to the person.  The
    3-8  temporary permit is valid for 40 days after the date of issuance.
    3-9  If, however, department records show that the driver's license is
   3-10  in a state of suspension or revocation or if the officer determines
   3-11  that the person is a resident without a license or permit to
   3-12  operate a motor vehicle in this state, a temporary driving permit
   3-13  authorized by this subsection may not be issued.  If the arrested
   3-14  person is not a resident of this state and possesses a valid
   3-15  driver's license issued by another jurisdiction, the officer shall
   3-16  serve notice of suspension of the person's privilege to operate a
   3-17  motor vehicle in this state, but the officer may not take
   3-18  possession of the arrested person's driver's license.  If the
   3-19  person was driving a commercial motor vehicle, as defined in
   3-20  Section 3, Texas Commercial Driver's License Act (Article 6687b-2,
   3-21  Revised Statutes), a temporary driving permit that authorizes an
   3-22  individual to drive a commercial motor vehicle is not effective
   3-23  until 24 hours after the time of arrest.
   3-24        (d)  A copy of the notice of suspension, a copy of a
   3-25  temporary driver's permit, and a driver's license taken by the
   3-26  officer under this section shall be sent by the officer to the
   3-27  department before the end of the fifth business day after the date
    4-1  of the arrest.
    4-2        (e)  The department shall develop forms for notices of
    4-3  suspension and temporary driving permits that shall be used by all
    4-4  state and local law enforcement agencies.
    4-5        Sec. 3.  (a)  A peace officer who arrests a person for an
    4-6  offense under Article 6701l-1, Revised Statutes, or Section
    4-7  19.05(a)(2), Penal Code, shall, before the end of the fifth
    4-8  business day after the date of the arrest, send the department a
    4-9  sworn report of information relevant to the arrest, if analysis of
   4-10  the specimen showed an alcohol concentration of a level specified
   4-11  in Article 6701l-1(a), Revised Statutes.  The report shall identify
   4-12  the arrested person, state the officer's grounds for believing the
   4-13  person committed the offense, give the analysis of the specimen,
   4-14  and include a copy of the criminal complaint filed in the case.
   4-15        (b)  A report required by this section shall be made on a
   4-16  form approved by the department or in a manner specified by rule of
   4-17  the department.
   4-18        Sec. 4.  (a)  On receipt of a report of a peace officer under
   4-19  this article, if the officer did not serve notice of suspension of
   4-20  driver's license at the time of obtaining the results of the
   4-21  analysis of the blood or breath specimen, the department, in
   4-22  accordance with Section 5 of this article, shall make the
   4-23  determination and issue notice of driver's license suspension if
   4-24  required.
   4-25        (b)  The department shall mail, by certified mail, notice of
   4-26  suspension to the address of the person, as shown by the records of
   4-27  the department, and to the address given in the peace officer's
    5-1  report, if different.  Notice is presumed received on the third day
    5-2  after the day it is mailed.
    5-3        (c)  A notice of suspension must clearly state the reason and
    5-4  statutory grounds for suspension, the effective date of suspension,
    5-5  the right of the person to a hearing, how to request a hearing, and
    5-6  the time limit within which a request for a hearing must be made.
    5-7  If the department does not suspend the person's driver's license,
    5-8  the department shall notify the person of its determination and
    5-9  shall rescind any notice of suspension served on the person.
   5-10        Sec. 5.  (a)  The department shall suspend the driver's
   5-11  license of a person if it determines that the person had an alcohol
   5-12  concentration of a level specified in Article 6701l-1(a), Revised
   5-13  Statutes, while driving or operating a motor vehicle in a public
   5-14  place.
   5-15        (b)  The department may not suspend the driver's license of a
   5-16  person if the analysis of the person's breath or blood, submitted
   5-17  at the request of a peace officer, determined that the person had
   5-18  an alcohol concentration of a level below that specified in Article
   5-19  6701l-1(a), Revised Statutes, at the time of taking the specimen.
   5-20        (c)  The department shall make the determination based on the
   5-21  report of a peace officer submitted under Section 3 of this
   5-22  article.  The determination is final, unless a hearing is requested
   5-23  under Section 7 of this article.
   5-24        (d)  The determination of the department is a civil matter,
   5-25  is independent of and is not an estoppel as to any matter in issue
   5-26  in an adjudication of a criminal charge arising from the occurrence
   5-27  that is the basis for the suspension, and does not preclude
    6-1  litigation of the same or similar facts in a criminal prosecution.
    6-2  The disposition of a criminal charge does not affect a driver's
    6-3  license suspension under this article and is not an estoppel as to
    6-4  any matter in issue in a driver's license suspension proceeding
    6-5  under this article.
    6-6        Sec. 6.  (a)  A driver's license suspension under this
    6-7  article takes effect on the 40th day after the date on which:
    6-8              (1)  the person received notice from the officer under
    6-9  Section 2 of this article; or
   6-10              (2)  the person is presumed to have received notice of
   6-11  suspension from the department by mail under Section 4 of this
   6-12  article.
   6-13        (b)  A period of suspension under this article is:
   6-14              (1)  90 days, if the person's driving record shows no
   6-15  prior alcohol-related or drug-related enforcement contact during
   6-16  the five years immediately preceding the date of the person's
   6-17  arrest; or
   6-18              (2)  one year, if the person's driving record shows one
   6-19  or more alcohol-related or drug-related enforcement contacts during
   6-20  the five years immediately preceding the date of the person's
   6-21  arrest.
   6-22        (c)  If a person's driver's license is suspended under this
   6-23  article and the person is also convicted of an offense under
   6-24  Article 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal
   6-25  Code, arising out of the same occurrence, the license suspensions
   6-26  required by this article and by Section 24, Chapter 173, Acts of
   6-27  the 47th Legislature, Regular Session, 1941 (Article 6687b,
    7-1  Vernon's Texas Civil Statutes), or Section 25, Texas Commercial
    7-2  Driver's License Act (Article 6687b-2, Revised Statutes), shall all
    7-3  be imposed.
    7-4        Sec. 7.  (a)  A person who receives notice of suspension
    7-5  under this article may request a hearing in writing, including
    7-6  facsimile transmissions, or by other manner prescribed by the
    7-7  department.  A request must be received by the department at its
    7-8  headquarters in Austin not later than the 15th day after the date
    7-9  notice of suspension was given under Section 2 of this article or
   7-10  the 15th day after the date the person is presumed to have received
   7-11  notice by mail under Section 4 of this article.  The department
   7-12  shall schedule the hearing.  The hearing shall be held before the
   7-13  effective date of the suspension.  A request for a hearing stays
   7-14  suspension of driver's license until the date of the final decision
   7-15  of the administrative law judge.  If the person's driver's license
   7-16  was taken by a peace officer under Section 2 of this article, the
   7-17  department shall notify the person before the expiration of the
   7-18  temporary permit issued to the person, if the person is otherwise
   7-19  eligible, in a manner that will permit the person to establish to a
   7-20  peace officer that the person's driver's license is not suspended.
   7-21  For the purpose of a hearing, jurisdiction is vested in an
   7-22  administrative law judge employed by the chief administrative law
   7-23  judge of the State Office of Administrative Hearings.
   7-24        (b)  A hearing shall be held at a location designated by the
   7-25  State Office of Administrative Hearings in the county in which the
   7-26  person was alleged to have committed the offense for which the
   7-27  person was arrested or at a site designated by the State Office of
    8-1  Administrative Hearings no more than 75 miles from the county seat
    8-2  of the county of the arrest.  A hearing shall be held not less than
    8-3  10 days after the date of notification to the person, unless the
    8-4  parties agree to waive this requirement.  The State Office of
    8-5  Administrative Hearings shall provide for the stenographic or
    8-6  electronic recording of all hearings.  The issue at a hearing is
    8-7  whether, by a preponderance of evidence, the person had an alcohol
    8-8  concentration of a level specified in Article 6701l-1(a), Revised
    8-9  Statutes, while driving or operating a motor vehicle in a public
   8-10  place.  If the administrative law judge finds in the affirmative as
   8-11  to this issue, the suspension order shall be sustained.  If the
   8-12  administrative law judge does not find in the affirmative as to
   8-13  this issue, the department shall reinstate any license, permit, or
   8-14  privilege to operate a motor vehicle and shall rescind an order
   8-15  prohibiting the issuance of a license or permit.
   8-16        (c)  The administrative law judge may not make an affirmative
   8-17  finding under this section if the analysis of the person's breath
   8-18  or blood, submitted at the request of a peace officer, determined
   8-19  that the person had an alcohol concentration of a level below that
   8-20  specified in Article 6701l-1(a), Revised Statutes, at the time of
   8-21  taking the specimen.
   8-22        (d)  A person who requests a hearing and fails to appear,
   8-23  without just cause, waives the right to a hearing, and the
   8-24  department's determination is final.
   8-25        (e)  Notwithstanding Subsection (a) of this section, if, no
   8-26  later than five days before the date of a scheduled hearing, the
   8-27  department has received a request for a continuance from the person
    9-1  who has requested a hearing, the department shall reschedule the
    9-2  hearing to a date no sooner than the fifth day after the date on
    9-3  which the department received the request for the continuance,
    9-4  unless otherwise agreed by both parties.  A continuance under this
    9-5  section stays a suspension of a driver's license until the date of
    9-6  the final decision of the administrative law judge.  If the
    9-7  person's driver's license was taken by a peace officer under
    9-8  Section 2 of this article, the department shall notify the person
    9-9  before the expiration of the temporary permit issued to the person,
   9-10  if the person is otherwise eligible, in a manner that will permit
   9-11  the person to establish to a peace officer that the person's
   9-12  driver's license is not suspended.  A person who has requested a
   9-13  hearing under this article may obtain only one continuance under
   9-14  this subsection.
   9-15        (f)  A person whose driver's license has been suspended after
   9-16  a hearing under this section may appeal the suspension by filing
   9-17  within 30 days after the day that the administrative law judge's
   9-18  final determination is issued a petition in a county court at law
   9-19  in the county where the person was arrested or, if there is no
   9-20  county court at law in the county, in the county court of the
   9-21  county.  If the county judge is not a licensed attorney, the county
   9-22  judge shall transfer the case to a district court for the county on
   9-23  the motion of either party or of the judge.
   9-24        (g)  Filing an appeal petition does not stay a suspension.
   9-25  On appeal, review is on the record certified by the State Office of
   9-26  Administrative Hearings, with no additional testimony except as
   9-27  provided by Subsection (i) of this section.  Review shall be based
   10-1  on the substantial evidence rule.
   10-2        (h)  A person who appeals under this section must send a copy
   10-3  of the person's petition, certified by the clerk of the court in
   10-4  which the petition is filed, to both the department and the State
   10-5  Office of Administrative Hearings at their headquarters in Austin,
   10-6  by certified mail.  The department's right to appeal is limited to
   10-7  issues of law.  There is no right to a jury trial in an appeal
   10-8  under this section.  A district or county attorney may represent
   10-9  the department in an appeal.
  10-10        (i)  On appeal, any party may apply to the court for leave to
  10-11  present additional evidence, and the court, if satisfied that the
  10-12  additional information is material and that there were good reasons
  10-13  for the failure to present it in the hearing before an
  10-14  administrative law judge, may order that the additional evidence be
  10-15  taken before an administrative law judge, on conditions determined
  10-16  by the court.  An administrative law judge may modify a prior
  10-17  determination as to whether the person had an alcohol concentration
  10-18  of a level specified in Article 6701l-1(a), Revised Statutes, by
  10-19  reason of the additional evidence.  The administrative law judge
  10-20  shall file the evidence and any modifications.  A remand under this
  10-21  subsection does not stay the suspension of a driver's license.
  10-22        (j)  To obtain a transcript of an administrative hearing, a
  10-23  party who appeals the determination must apply to the State Office
  10-24  of Administrative Hearings.  On payment to the State Office of
  10-25  Administrative Hearings of a fee not to exceed the actual cost of
  10-26  preparing the transcript, that agency shall promptly furnish both
  10-27  parties with the transcript.
   11-1        (k)  A suspension under this article may not be probated.
   11-2        (l)  In a proceeding under this article, the reliability of
   11-3  an instrument used to take or analyze a specimen of a person's
   11-4  breath to determine alcohol concentration and the validity of the
   11-5  results of the analysis may be attested to by affidavit from the
   11-6  certified breath test technical supervisor who is responsible for
   11-7  maintaining and directing the operation of breath test instruments
   11-8  in compliance with the rules of the department.  An affidavit
   11-9  submitted under this subsection must contain statements on the
  11-10  reliability of the instrument and the analytical results and on
  11-11  compliance with state law in the administration of the program.  An
  11-12  affidavit of an expert witness contesting the reliability of the
  11-13  instrument or the results is admissible.  Except as provided by
  11-14  Subsection (m) of this section, the affidavit may be submitted in
  11-15  lieu of an appearance at the hearing by the breath test operator,
  11-16  breath test technical supervisor, or expert witness.
  11-17        (m)  Notwithstanding Subsection (l) of this section, if, no
  11-18  later than five days before the date of a scheduled hearing, the
  11-19  department receives from the person who has requested the hearing
  11-20  written notice, including facsimile transmissions, requesting the
  11-21  presence at the hearing of the person who took the specimen of the
  11-22  person's breath to determine alcohol concentration, or the
  11-23  certified breath test technical supervisor who was responsible for
  11-24  maintaining and directing the operation of the breath test
  11-25  instrument used to analyze the specimen of the person's breath, or
  11-26  both, each requested person must appear at the hearing.  The
  11-27  department may reschedule a hearing once at least 48 hours prior to
   12-1  the time of the hearing if a person requested under this section is
   12-2  unavailable.  In addition, the department may reschedule the
   12-3  hearing on a showing of good cause if the requested person is not
   12-4  available at the time of the hearing.  A suspension order may not
   12-5  go into effect pending a final decision of the administrative law
   12-6  judge as a result of a continuance granted under this subsection.
   12-7  If any person whose presence is timely requested under this
   12-8  subsection fails to appear at the hearing, without a showing of
   12-9  good cause, an affidavit from that witness is inadmissible.
  12-10        (n)  A person whose driver's license is suspended under this
  12-11  section is subject to Section 34, Chapter 173, Acts of the 47th
  12-12  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  12-13  Civil Statutes).
  12-14        (o)  The Administrative Procedure and Texas Register Act
  12-15  (Article 6252-13a, Vernon's Texas Civil Statutes) applies to
  12-16  proceedings under this article to the extent not inconsistent with
  12-17  this article.  The State Office of Administrative Hearings shall
  12-18  adopt rules that may conflict with the Administrative Procedure and
  12-19  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  12-20  Statutes) as necessary to expedite the hearings process within the
  12-21  time limits required by this article and applicable federal funding
  12-22  guidelines.  Notice required to be given by the department may be
  12-23  given telephonically or by other electronic means, and written
  12-24  notice shall follow if such means are used.  The decision of the
  12-25  administrative law judge is final when issued and signed and
  12-26  immediately appealable without the requirement of a motion for
  12-27  rehearing.
   13-1        Sec. 8.  (a)  A driver's license suspended under this article
   13-2  may not be reinstated and another driver's license may not be
   13-3  issued until the person whose driver's license has been suspended
   13-4  pays to the department a fee of $100 in addition to any other fee
   13-5  required by law.
   13-6        (b)  If a suspension under this article is rescinded by the
   13-7  department,  an administrative law judge, or a court, payment of a
   13-8  reinstatement fee is not required.
   13-9        (c)  Fees paid under this section shall be deposited in the
  13-10  state treasury to the credit of the operator's and chauffeur's
  13-11  license fund and may be appropriated only to the department to
  13-12  administer this article and the driver's license suspension
  13-13  provisions of Chapter 434, Acts of the 61st Legislature, Regular
  13-14  Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes).
  13-15        Sec. 9.  The department and the State Office of
  13-16  Administrative Hearings shall adopt rules to administer this
  13-17  article.
  13-18        SECTION 2.  Subsection (e), Section 22, Chapter 173, Acts of
  13-19  the 47th Legislature, Regular Session, 1941 (Article 6687b,
  13-20  Vernon's Texas Civil Statutes), is amended to read as follows:
  13-21        (e)  The judge or officer holding a hearing under Subsection
  13-22  (a), (b), or (d) of this section, or the court trying an appeal
  13-23  under Section 31 of this Act, on determining that the License shall
  13-24  be suspended or revoked, may, when it appears to the satisfaction
  13-25  of the court that the ends of justice and the best interests of the
  13-26  public as well as the defendant will be subserved thereby,
  13-27  recommend that the revocation or suspension be probated on terms
   14-1  and conditions deemed by the officer or judge to be necessary or
   14-2  proper.  The report to the department of the results of the hearing
   14-3  must include the terms and conditions of such probation.  When
   14-4  probation is recommended by the judge or officer presiding at a
   14-5  hearing, the department shall probate the suspension or revocation.
   14-6  <This subsection does not apply to an appeal under Section 31 of
   14-7  this Act for suspension of a driver's license or denial of
   14-8  operating privileges under Section 2, Chapter 434, Acts of the 61st
   14-9  Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
  14-10  Civil Statutes).>
  14-11        SECTION 3.  Subsection (f), Section 23A, Chapter 173, Acts of
  14-12  the 47th Legislature, Regular Session, 1941 (Article 6687b,
  14-13  Vernon's Texas Civil Statutes), as amended by Chapters 473 and
  14-14  1127, Acts of the 70th Legislature, Regular Session, 1987, is
  14-15  amended to read as follows:
  14-16        (f)  The judge hearing the petition shall enter an order
  14-17  either finding that no essential need exists for the operation of a
  14-18  motor vehicle or enter an order finding an essential need for
  14-19  operating a motor vehicle.  In the event the judge enters the order
  14-20  finding an essential need, he shall also, as part of the order,
  14-21  determine the actual need of the petitioner in operating a motor
  14-22  vehicle.  The order shall require the petitioner to give proof of a
  14-23  valid policy of automobile liability insurance in accordance with
  14-24  the Texas Motor Vehicle Safety-Responsibility Act<, as amended>
  14-25  (Article 6701h, Vernon's Texas Civil Statutes).  If the person's
  14-26  license has been suspended following a conviction under Article
  14-27  6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal Code, but
   15-1  only on conviction of a second or subsequent offense under this
   15-2  article or section, the order may restrict the person to the
   15-3  operation of a motor vehicle equipped with a device that uses a
   15-4  deep-lung breath analysis mechanism to make impractical the
   15-5  operation of the motor vehicle if ethyl alcohol is detected in the
   15-6  breath of the restricted operator.   The defendant shall obtain the
   15-7  device at his own cost.  Notwithstanding the provisions of this
   15-8  section, if a person is required to operate a motor vehicle in the
   15-9  course and scope of the person's employment and if the vehicle is
  15-10  owned by the employer, the person may operate that vehicle without
  15-11  installation of an approved ignition interlock device if the
  15-12  employer has been notified of such driving privilege restriction
  15-13  and if proof of that notification is with the vehicle.  This
  15-14  employment exemption does not apply, however, if the business
  15-15  entity that owns the vehicle is owned or controlled by the person
  15-16  whose driving privilege has been restricted.  The order shall be
  15-17  definite as to hours of the day, days of the week, specific reasons
  15-18  for travel, and areas or routes of travel to be permitted, except
  15-19  that the petitioner shall not be allowed to operate a motor vehicle
  15-20  more than four (4) hours in any twenty-four (24) consecutive hours.
  15-21  On a proper showing of necessity, however, the court may waive the
  15-22  four-hour restriction and allow the petitioner to operate a motor
  15-23  vehicle for any period determined by the court that does not exceed
  15-24  twelve (12) hours in any twenty-four (24) consecutive hours.  An
  15-25  order may not be effective before the 30th day after the effective
  15-26  date of a suspension under Article 6687b-1, Revised Statutes, or a
  15-27  suspension for a conviction under Article 6701l-1(b), Revised
   16-1  Statutes.  If the person's driver's license has been suspended as a
   16-2  result of an alcohol-related or drug-related enforcement contact,
   16-3  as defined in Section 1, Article 6687b-1, Revised Statutes, in the
   16-4  five years immediately preceding the date of the person's arrest,
   16-5  the order may not be effective before one year after the effective
   16-6  date of the suspension.  An order may not be effective before one
   16-7  year after the effective date of a suspension for an offense under
   16-8  Article 6701l-1(d) or (e), Revised Statutes, or under Section
   16-9  19.05(a)(2), Penal Code.   An order may not be effective before the
  16-10  90th day after the effective date of a suspension under Chapter
  16-11  434, Acts of the 61st Legislature, Regular Session, 1969 (Article
  16-12  6701l-5, Vernon's Texas Civil Statutes).  An order entered by the
  16-13  court shall extend until the end of <for> the period of the
  16-14  <original> suspension.  A certified copy of the petition and the
  16-15  court order setting out the judge's finding and the restrictions
  16-16  shall be forwarded to the Department.  The petitioner may use a
  16-17  copy of the court order as a restricted license for thirty (30)
  16-18  days after the date the order is effective <entered>.  The
  16-19  Department of Public Safety shall promulgate rules and regulations
  16-20  for the approval of models and classes of devices used under this
  16-21  subsection and Section 25(a) of this Act.  The Department by rule
  16-22  shall establish standards for the calibration and maintenance of
  16-23  devices, but the calibration and maintenance of each individual
  16-24  device is the responsibility of the manufacturer of that device.
  16-25  If the Department approves a device, the Department shall notify
  16-26  the manufacturer in writing of that fact.  Written notice from the
  16-27  Department to a manufacturer approving a device is admissible in
   17-1  any civil or criminal proceeding in this state.  The manufacturer
   17-2  shall reimburse the Department for any cost incurred by the
   17-3  Department in approving a device under this subsection.  The
   17-4  Department may not be held liable in a civil or criminal proceeding
   17-5  arising out of the use of a device approved under this subsection.
   17-6        SECTION 4.  Section 31, Chapter 173, Acts of the 47th
   17-7  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   17-8  Civil Statutes), is amended to read as follows:
   17-9        Sec. 31.  RIGHT OF APPEAL TO COURTS.  (a)  Any person whose
  17-10  driver's license has been suspended or revoked after an
  17-11  administrative hearing under Section 22(a) of this Act, any person
  17-12  whose license suspension has been probated under Section 22(e) of
  17-13  this Act, and any person denied a license or whose driver's license
  17-14  has been cancelled by the Department, except where such
  17-15  cancellation, suspension, or revocation is automatic under the
  17-16  provisions of this Act, shall have the right to file a petition
  17-17  within thirty (30) days after the date the order of the Department
  17-18  was entered for a hearing in the matter in the County Court at Law
  17-19  in the county wherein such person shall reside, or if there be no
  17-20  County Court at Law therein, then in the county court of said
  17-21  county, and such court is hereby vested with jurisdiction, and it
  17-22  shall be its duty to set the matter for hearing upon thirty (30)
  17-23  days written notice to the Department, and thereupon to take
  17-24  testimony and examine into the facts of the case, and to determine
  17-25  whether the petitioner is entitled to a license or is subject to
  17-26  suspension, cancellation, denial, or revocation of license under
  17-27  the provisions of this Act.  A person who appeals under this
   18-1  section must send a copy of the person's petition, certified by the
   18-2  clerk of the court in which the petition is filed, to the
   18-3  Department by certified mail.  An order of the Department is
   18-4  binding on the person to whom it pertains unless the person appeals
   18-5  the order as provided by this section or unless the person
   18-6  establishes that a hearing was timely requested, as provided by
   18-7  Section 24(g) of this Act <or Section 2(f), Chapter 434, Acts of
   18-8  the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
   18-9  Vernon's Texas Civil Statutes)>, but was not held.  The Department
  18-10  may appeal the ruling of the judge or officer presiding at the
  18-11  hearing by filing a petition in the manner provided by this
  18-12  section.
  18-13        (b)  The trial on appeal as herein provided for shall be a
  18-14  trial de novo and the licensee shall have the right of trial by
  18-15  jury.
  18-16        (c)  The filing of a petition of appeal as provided by this
  18-17  section shall abate an order of suspension, probated suspension,
  18-18  revocation, or cancellation until the trial herein provided for
  18-19  shall have been consummated and final judgment thereon is had.
  18-20        SECTION 5.  Subsections (a) and (d), Section 34, Chapter 173,
  18-21  Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
  18-22  Vernon's Texas Civil Statutes), are amended to read as follows:
  18-23        (a)  A person commits an offense if the person operates a
  18-24  motor vehicle on a highway:
  18-25              (1)  after the person's driver's license has been
  18-26  cancelled under this Act and the person does not have a valid
  18-27  license that was subsequently issued under this Act;
   19-1              (2)  during a period that a suspension or revocation,
   19-2  imposed under this Act, <or> Chapter 434, Acts of the 61st
   19-3  Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
   19-4  Civil Statutes), or Article 6687b-1, Revised Statutes, of the
   19-5  person's driver's license or privilege is in effect; or
   19-6              (3)  while the person's driver's license is expired, if
   19-7  the license expired during a period of suspension imposed under
   19-8  this Act, <or> Chapter 434, Acts of the 61st Legislature, Regular
   19-9  Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), or
  19-10  Article 6687b-1, Revised Statutes.
  19-11        (d)  Except as provided by Subsection (c) of this section, it
  19-12  is an affirmative defense to prosecution of an offense, other than
  19-13  an offense listed in Section 24(a) of this Act, that the person had
  19-14  not received actual notice of a suspension, revocation,
  19-15  cancellation, or prohibition order concerning the person's driver's
  19-16  license or privilege to operate a motor vehicle.  For purposes of
  19-17  this section, actual notice shall be presumed if the notice was
  19-18  mailed according to procedures provided by law <sent by certified
  19-19  mail to the last known address of the person as shown by the
  19-20  records of the Department>.
  19-21        SECTION 6.  Subsection (l), Section 25, Texas Commercial
  19-22  Driver's License Act (Article 6687b-2, Revised Statutes), is
  19-23  amended to read as follows:
  19-24        (l)  A person who is subject to disqualification under this
  19-25  article may also have the person's <his> driver's license
  19-26  suspended, revoked, canceled, or denied under Chapter 173, Acts of
  19-27  the 47th Legislature, Regular Session, 1941 (Article 6687b,
   20-1  Vernon's Texas Civil Statutes); Article 6687b-1, Revised
   20-2  Statutes;<,> Chapter 434, Acts of the 61st Legislature, Regular
   20-3  Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes);<,>
   20-4  or the Texas Motor Vehicle Safety-Responsibility Act (Article
   20-5  6701h, Vernon's Texas Civil Statutes), if the conduct providing
   20-6  grounds for disqualification under this article also constitutes a
   20-7  ground for suspension, revocation, cancellation, or denial under
   20-8  any of those laws.
   20-9        SECTION 7.  Subsections (e) and (f), Section 27, Texas
  20-10  Commercial Driver's License Act (Article 6687b-2, Revised
  20-11  Statutes), are amended to read as follows:
  20-12        (e)  On receipt of the sworn report of a peace officer
  20-13  submitted under this section, the department shall disqualify the
  20-14  driver from driving a commercial motor vehicle under Section 25 of
  20-15  this article.  The procedure for notice and disqualification under
  20-16  this section is that specified in Section 2<(f)>, Chapter 434, Acts
  20-17  of the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
  20-18  Vernon's Texas Civil Statutes), or in Article 6687b-1, Revised
  20-19  Statutes, except that the department shall disqualify the person
  20-20  from driving a commercial motor vehicle for the period of time
  20-21  authorized by this article if, in a hearing held under this
  20-22  section, the court finds that:
  20-23              (1)  probable cause existed that the person was driving
  20-24  a commercial motor vehicle while having alcohol, a controlled
  20-25  substance, or drug in the person's system;
  20-26              (2)  the person was offered an opportunity to give a
  20-27  specimen under the provisions of this article; and
   21-1              (3)  the person either submitted a specimen that
   21-2  disclosed an alcohol concentration of 0.04 or more or refused to
   21-3  submit a specimen.
   21-4        (f)  An appeal of a disqualification under this section is
   21-5  subject to Sections 7(f)-(j), Article 6687b-1, Revised Statutes
   21-6  <Section 31, Chapter 173, Acts of the 47th Legislature, Regular
   21-7  Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)>.  A
   21-8  disqualification under this section may not be probated.
   21-9        SECTION 8.  Subsections (d) and (e), Article 6701l-1, Revised
  21-10  Statutes, are amended to read as follows:
  21-11        (d)  If it is shown on the trial of an offense under this
  21-12  article that the person has previously been convicted one time of
  21-13  an offense under this article, the offense is punishable by:
  21-14              (1)  a fine of not less than $300 or more than $2,000;
  21-15  and
  21-16              (2)  confinement in jail for a term of not less than 15
  21-17  days or more than two years, of which not less than 48 hours must
  21-18  be served consecutively.
  21-19        (e)  If it is shown on the trial of an offense under this
  21-20  article that the person has previously been convicted two or more
  21-21  times of an offense under this article, the offense is punishable
  21-22  by:
  21-23              (1)  a fine of not less than $500 or more than $2,000;
  21-24  and
  21-25              (2)  confinement in jail for a term of not less than 30
  21-26  days or more than two years, of which not less than 48 hours must
  21-27  be served consecutively, or imprisonment in the state penitentiary
   22-1  for a term of not less than 60 days or more than five years.
   22-2        SECTION 9.  Section 2, Chapter 434, Acts of the 61st
   22-3  Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
   22-4  Civil Statutes), is amended to read as follows:
   22-5        Sec. 2.  (a)  Except as provided by Subsection (i) of Section
   22-6  3 of this Act, if a person under arrest refuses, upon the request
   22-7  of a peace officer, to give a specimen designated by the peace
   22-8  officer as provided in Section 1, none shall be taken.
   22-9        (b)  Before requesting a person to give a specimen, the
  22-10  officer shall inform the person orally and in writing that if the
  22-11  person refuses to give the specimen, that refusal may be admissible
  22-12  in a subsequent prosecution, and that the person's license, permit,
  22-13  or privilege to operate a motor vehicle will be automatically
  22-14  suspended for 90 days, or one year for certain repeat offenders
  22-15  <after the date of adjournment of the hearing provided for in
  22-16  Subsection (f) of this section>, whether or not the person is
  22-17  subsequently prosecuted as a result of the arrest.  If the officer
  22-18  determines that the person is a resident without a license or
  22-19  permit to operate a motor vehicle in this state, the officer shall
  22-20  inform the person that the <Texas> Department of Public Safety
  22-21  shall deny to the person the issuance of a license or permit for a
  22-22  period of 90 days, or one year for certain repeat offenders <after
  22-23  the date of adjournment of the hearing provided for in Subsection
  22-24  (f) of this section>, whether or not the person is subsequently
  22-25  prosecuted as a result of the arrest.  The officer shall inform the
  22-26  person that the person has a right to a hearing on suspension or
  22-27  denial if, not later than the 15th <20th> day after the date on
   23-1  which the person receives notice of suspension or denial under
   23-2  Subsection (d) of this section or the person is presumed to have
   23-3  received notice of suspension or denial by mail under Subsection
   23-4  (i) of this section <is received>, the department receives, at its
   23-5  headquarters in Austin, a written demand, including facsimile
   23-6  transmissions, or a demand in another form prescribed by the
   23-7  department, that the hearing be held.
   23-8        (c)  The officer shall provide the person with a written
   23-9  statement containing the information required by Subsection (b) of
  23-10  this section.  If the person refuses the request of the officer to
  23-11  give a specimen, the officer shall request the person to sign a
  23-12  statement that the officer requested that he give a specimen, that
  23-13  he was informed of the consequences of not giving a specimen, and
  23-14  that he refused to give a specimen.
  23-15        (d)  If the person refuses to give a specimen, whether the
  23-16  refusal was express or the result of an intentional failure of the
  23-17  person to give a specimen as designated by the peace officer, the
  23-18  officer before whom the refusal was made shall serve notice of
  23-19  driver's license suspension or denial to the person and
  23-20  <immediately> make a written report of the refusal to the Director
  23-21  of the <Texas> Department of Public Safety.
  23-22        (e)  When a peace officer serves notice of suspension or
  23-23  denial of driver's license, the officer shall take possession of
  23-24  any driver's license issued by this state and held by the person
  23-25  arrested.  The officer shall issue a temporary driving permit to
  23-26  the person.  A temporary permit is valid for 40 days after the date
  23-27  of issuance.  If, however, Department of Public Safety records show
   24-1  that the driver's license, permit, or privilege to operate a motor
   24-2  vehicle is in a state of suspension or revocation, a temporary
   24-3  permit authorized by this subsection may not be issued.  If the
   24-4  arrested person is not a resident of this state and possesses a
   24-5  valid driver's license issued by another jurisdiction, the officer
   24-6  shall serve notice of suspension of the person's privilege to
   24-7  operate a motor vehicle in this state, but the officer may not take
   24-8  possession of the arrested person's driver's license.  If the
   24-9  person was driving a commercial motor vehicle, as defined in
  24-10  Section 3, Texas Commercial Driver's License Act (Article 6687b-2,
  24-11  Revised Statutes), a temporary driving permit that authorizes an
  24-12  individual to drive a commercial motor vehicle is not effective
  24-13  until 24 hours after the time of arrest.
  24-14        (f)  The director shall approve the form of the report.  The
  24-15  report must show the grounds for the officer's belief that the
  24-16  person had been operating a motor vehicle while intoxicated.  The
  24-17  report must also show that the person refused to give a specimen,
  24-18  as evidenced by:
  24-19              (1)  a written refusal to give a specimen, signed by
  24-20  the person; or
  24-21              (2)  a statement signed by the officer stating that the
  24-22  person refused to give a specimen and also refused to sign the
  24-23  statement requested by the officer under Subsection (c) of this
  24-24  section <article>.
  24-25        (g)  A copy of the notice of suspension or denial, a copy of
  24-26  a temporary driving permit, a driver's license taken by the officer
  24-27  under this section, and the refusal report under Subsection (f) of
   25-1  this section shall be forwarded by the officer to the department
   25-2  before the end of the fifth business day after the  date of the
   25-3  arrest.
   25-4        (h)  The department shall develop forms for notices of
   25-5  suspension or denial and temporary driving permits that shall be
   25-6  used by all state and local law enforcement agencies.
   25-7        (i)  On receipt of a report of a peace officer under this
   25-8  section, if the officer did not serve notice of suspension or
   25-9  denial of driver's license at the time of refusal to give a
  25-10  specimen, the department shall issue notice to the person of
  25-11  driver's license suspension or prohibition.  The department shall
  25-12  mail notice of suspension or prohibition, by certified mail, to the
  25-13  address of the person, as shown by the records of the department,
  25-14  and to the address given in the peace officer's report, if
  25-15  different.  Notice is presumed received on the third day after the
  25-16  date it is mailed.  A notice of suspension or prohibition must
  25-17  clearly state the reason and statutory grounds for and the
  25-18  effective date of the action, the right of the person to a hearing,
  25-19  how to request a hearing, and the period within which a request for
  25-20  a hearing must be received by the department.
  25-21        (j)  If a person under arrest refuses, on the request of a
  25-22  peace officer, to give a specimen designated by the peace officer,
  25-23  as provided in this Act, <(f)  When the director receives the
  25-24  report, the director shall suspend> the person's license, permit,
  25-25  or <nonresident> operating privilege shall be suspended for 90
  25-26  days, or if the person is a resident without a  permit to operate a
  25-27  motor vehicle in this state, the department shall issue an order
   26-1  prohibiting the person from obtaining a license or permit<,> for 90
   26-2  days <effective 28 days after the date the person receives notice
   26-3  by certified mail or 31 days after the date the director sends
   26-4  notice by certified mail, if the person has not accepted delivery
   26-5  of the notice>.  The period of suspension or prohibition under this
   26-6  Act is one year if the person's driving record shows one or more
   26-7  previous alcohol-related or drug-related enforcement contacts
   26-8  during the five years immediately preceding the date of the
   26-9  person's arrest.  A suspension or prohibition under this section is
  26-10  effective on the 40th day after the date on which the person
  26-11  receives from an arresting officer notice of suspension or denial
  26-12  under Subsection (d) of this section or the 40th day after the date
  26-13  on which the person is considered to have received, from the
  26-14  department, notice of suspension or prohibition by mail under
  26-15  Subsection (i) of this section.
  26-16        (k)  If, not later than the 15th <20th> day after the date on
  26-17  which the person receives notice of suspension or prohibition under
  26-18  Subsection (d) of this section or is presumed to have received
  26-19  notice by mail under Subsection (i) of this section <by certified
  26-20  mail or the 23rd day after the date the director sent notice by
  26-21  certified mail, if the person has not accepted delivery of the
  26-22  notice>, the department receives, at its headquarters in Austin, in
  26-23  writing or by another manner prescribed by the department, a
  26-24  <written> demand that a hearing be held, the State Office of
  26-25  Administrative Hearings <department> shall hold a hearing before
  26-26  the effective date of the notice of suspension or prohibition.  A
  26-27  request for a hearing stays the suspension of a driver's license or
   27-1  the prohibition on obtaining a driver's license until the date of
   27-2  the final decision of the administrative law judge.  If the
   27-3  person's driver's license was taken by a peace officer under
   27-4  Subsection (e) of this section, the department shall notify the
   27-5  person before the expiration of the temporary permit issued to the
   27-6  person, if the person is otherwise eligible, in a manner that will
   27-7  permit the person to establish to a peace officer that the person's
   27-8  driver's license is not suspended<, not later than the 10th day
   27-9  after the day of receipt of the demand, request a court to set the
  27-10  hearing for the earliest possible date>.  For the purpose of a
  27-11  hearing, jurisdiction is vested in an administrative law judge
  27-12  employed by the chief administrative law judge of the State Office
  27-13  of Administrative Hearings.  A hearing shall be held at a location
  27-14  designated by the State Office of Administrative Hearings in the
  27-15  county in which the person was alleged to have committed the
  27-16  offense for which the person was arrested or at a site designated
  27-17  by the State Office of Administrative Hearings no more than 75
  27-18  miles from the county seat of the county of the arrest.  A hearing
  27-19  shall be held not earlier than 10 days after the date of
  27-20  notification to the person, unless the parties agree to waive this
  27-21  requirement.  The State Office of Administrative Hearings shall
  27-22  provide for the stenographic or electronic recording of all
  27-23  hearings.
  27-24        (l)  The issues at a hearing are:
  27-25              (1)  whether probable cause existed that the person was
  27-26  driving or in actual physical control of a motor vehicle on the
  27-27  highway or on a public beach while intoxicated;
   28-1              (2)  whether the person was placed under arrest by the
   28-2  officer and was offered an opportunity to give a specimen under
   28-3  this Act; and
   28-4              (3)  whether the person refused to give a specimen on
   28-5  request of the officer.
   28-6        (m)  If the administrative law judge finds in the affirmative
   28-7  as to all three issues, the suspension order shall be sustained
   28-8  <The hearing shall be set in the same manner as a hearing under
   28-9  Section 22(a), Chapter 173, Acts of the 47th Legislature, Regular
  28-10  Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
  28-11  Statutes).  If, upon such hearing the court finds (1) that probable
  28-12  cause existed that such person was driving or in actual physical
  28-13  control of a motor vehicle on the highway or upon a public beach
  28-14  while intoxicated, (2) that the person was placed under arrest by
  28-15  the officer and was offered an opportunity to give a specimen under
  28-16  the provisions of this Act, and (3) that such person refused to
  28-17  give a specimen upon request of the officer, then the Director of
  28-18  the Texas Department of Public Safety shall suspend the person's
  28-19  license or permit to drive, or any nonresident operating privilege
  28-20  for a period of 90 days, as ordered by the court>.  If the person
  28-21  is a resident without a license or permit to operate a motor
  28-22  vehicle in this State, the <Texas> Department of Public Safety
  28-23  shall continue to deny to the person the issuance of a license or
  28-24  permit for the applicable period provided by this Act <90 days>.
  28-25  If the administrative law judge does not find in the affirmative as
  28-26  to all three issues <(g)  If, after the hearing, the court finds in
  28-27  the negative one of the issues required by Subsection (f) of this
   29-1  section>, the department <director> shall reinstate any license,
   29-2  permit, or privilege to operate a motor vehicle and shall rescind
   29-3  any order prohibiting the issuance of a license or permit on the
   29-4  basis of the person's refusal to give a specimen under Subsection
   29-5  (d) of this section.
   29-6        (n)  A suspension under this Act may not be probated.
   29-7        (o)  A person who requests a hearing and fails to appear,
   29-8  without good cause, waives the right to a hearing, and the
   29-9  department's determination is final.
  29-10        (p)  Notwithstanding the provisions of Subsection (k) of this
  29-11  section, if the department schedules a hearing before the effective
  29-12  date of an order of suspension or prohibition, but the hearing is
  29-13  postponed at the request of the person or the person's attorney to
  29-14  a date after the effective date of the suspension or prohibition,
  29-15  the suspension or prohibition will become effective, pending the
  29-16  result of the hearing, without regard to the delay.
  29-17        (q)  If a hearing under Subsection (k) of this section is not
  29-18  requested, the department's suspension or prohibition is final, and
  29-19  the person has no right to appeal the suspension or prohibition.
  29-20        (r)  The determination of the department or administrative
  29-21  law judge is a civil matter, is independent of and is not an
  29-22  estoppel as to any matter in issue in an adjudication of a criminal
  29-23  charge arising from the occurrence that is the basis for the
  29-24  suspension or prohibition, and does not preclude litigation of the
  29-25  same or similar facts in a criminal prosecution.  The disposition
  29-26  of a criminal charge does not affect a driver's license suspension
  29-27  or prohibition under this Act and is not an estoppel as to any
   30-1  matter in issue in a suspension or prohibition proceeding under
   30-2  this Act.
   30-3        (s)  Administrative hearings under this section are governed
   30-4  by Subsections (e)-(k) and Subsection (o) of Section 7, Article
   30-5  6687b-1, Revised Statutes.
   30-6        (t) <(h)>  A written report submitted by an officer under
   30-7  Subsection (d) of this section <article> is a governmental record
   30-8  for the purposes of Section 37.10, Penal Code.
   30-9        (u) <(i)>  A person whose license, permit, or privilege is
  30-10  suspended under this section, or who is the subject of a
  30-11  prohibition order issued under this section, is subject to Section
  30-12  34, Chapter 173, Acts of the 47th Legislature, Regular Session,
  30-13  1941 (Article 6687b, Vernon's Texas Civil Statutes).
  30-14        (v)(1)  A driver's license suspended under this Act may not
  30-15  be reinstated or a new license issued until the person whose
  30-16  driver's license has been suspended pays to the department a fee of
  30-17  $100 in addition to any other fee required by law.  A person
  30-18  subject to a prohibition order issued under this Act may not obtain
  30-19  a driver's license after the period of prohibition has ended unless
  30-20  the person pays to the department a fee of $100 in addition to any
  30-21  other fee required by law.
  30-22              (2)  If a suspension or prohibition under this Act is
  30-23  rescinded by the department, an administrative law judge, or a
  30-24  court under this Act, payment of a fee under this subsection is not
  30-25  required for reinstatement or issuance of a driver's license.
  30-26              (3)  Fees paid under this subsection shall be deposited
  30-27  in the state treasury to the credit of the operator's and
   31-1  chauffeur's license fund and may be appropriated only to the
   31-2  department to administer this Act and Article 6687b-1, Revised
   31-3  Statutes.
   31-4        SECTION 10.  Subsection (j), Section 3, Chapter 434, Acts of
   31-5  the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
   31-6  Vernon's Texas Civil Statutes), is amended by adding Subdivision
   31-7  (8) to read as follows:
   31-8              (8)  "Alcohol-related or drug-related enforcement
   31-9  contact" has the meaning assigned by Section 1, Article 6687b-1,
  31-10  Revised Statutes.
  31-11        SECTION 11.  Section 4, Chapter 434, Acts of the 61st
  31-12  Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
  31-13  Civil Statutes), is amended to read as follows:
  31-14        Sec. 4.  Appeals from all actions of the department,
  31-15  following an administrative hearing under this Act, in suspending,
  31-16  denying, or refusing to issue a license shall be governed by
  31-17  <Chapter 173, Acts of the 47th Legislature, Regular Session, 1941,
  31-18  as amended (>Article 6687b-1 <6687b>, Revised <Vernon's Texas
  31-19  Civil> Statutes<)>.
  31-20        SECTION 12.  Chapter 434, Acts of the 61st Legislature,
  31-21  Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
  31-22  Statutes), is amended by adding Section 4A to read as follows:
  31-23        Sec. 4A.  The Department of Public Safety and the State
  31-24  Office of Administrative Hearings shall adopt rules to administer
  31-25  this Act.
  31-26        SECTION 13.  Subsection (a), Section 21, Administrative
  31-27  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
   32-1  Civil Statutes), is amended to read as follows:
   32-2        (a)  This Act does not apply to suspensions, revocations,
   32-3  cancellations, denials, or disqualifications of driver's licenses
   32-4  or commercial driver's licenses as authorized in Article IV,
   32-5  Chapter 173, Acts of the 47th Legislature, Regular Session, 1941,
   32-6  as amended (Article 6687b, Vernon's Texas Civil Statutes), the
   32-7  Texas Commercial Driver's License Act (Article 6687b-2, Revised
   32-8  Statutes), the Texas Motor Vehicle Safety-Responsibility Act
   32-9  (Article 6701h, Vernon's Texas Civil Statutes), <Chapter 434, Acts
  32-10  of the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
  32-11  Vernon's Texas Civil Statutes),> or Section 13 <6f>, Article 42.12,
  32-12  Code of Criminal Procedure<, as added by Chapter 427, Acts of the
  32-13  69th Legislature, Regular Session, 1985>.
  32-14        SECTION 14.  Subsection (a), Section 13, Article 42.12, Code
  32-15  of Criminal Procedure, is amended to read as follows:
  32-16        (a)  A court granting probation to a defendant convicted of
  32-17  an offense under Article 6701l-1, Revised Statutes, and punished
  32-18  under Subsection (d), (e), or (f) of that article shall require as
  32-19  a  condition of probation that the defendant submit to:
  32-20              (1)  72 hours of detention in a jail if the defendant
  32-21  was convicted under Subsection (d) of Article 6701l-1, Revised
  32-22  Statutes, of which not less than 48 hours must be served
  32-23  consecutively, except that in lieu of the requirement of 48
  32-24  consecutive hours of detention, the court may require not less than
  32-25  80 hours of community service; 10 days of detention in a jail if
  32-26  the defendant was convicted under Subsection (e) of Article
  32-27  6701l-1, Revised Statutes, of which not less than 48 hours must be
   33-1  served consecutively, except that in lieu of the requirement of 48
   33-2  consecutive hours of detention, the court may require not less than
   33-3  160 hours of community service; or 30 days of detention in a jail
   33-4  if the defendant was convicted under Subsection (f) of Article
   33-5  6701l-1, Revised Statutes, of which not less than 48 hours must be
   33-6  served consecutively, except that in lieu of the requirement of 48
   33-7  consecutive hours of detention, the court may require not less than
   33-8  360 hours of community service; and
   33-9              (2)  an evaluation by a probation officer or by a
  33-10  person, program, or facility approved by the Texas Commission on
  33-11  Alcohol and Drug Abuse for the purpose of having the facility
  33-12  prescribe and carry out a course of conduct necessary for the
  33-13  rehabilitation of the defendant's drug or alcohol dependence
  33-14  condition.
  33-15        SECTION 15.  Chapter 55, Code of Criminal Procedure, is
  33-16  amended by adding Article 55.06 to read as follows:
  33-17        Art. 55.06.  License Suspensions and Revocations.  A person
  33-18  may not use the provisions of this chapter to expunge records
  33-19  relating to the suspension or revocation of a driver's license,
  33-20  permit, or privilege to operate a motor vehicle.
  33-21        SECTION 16.  The Department of Public Safety shall enter into
  33-22  a contract with the State Office of Administrative Hearings to
  33-23  carry out the provisions of this Act.  The interagency contract
  33-24  shall set forth the procedures necessary for the orderly scheduling
  33-25  of hearings and other matters requiring cooperation.  The agreement
  33-26  shall also provide for an interagency transfer of funds to the
  33-27  State Office of Administrative Hearings necessary to cover the cost
   34-1  to the State Office of Administrative Hearings in carrying out its
   34-2  responsibilities.  This transfer of funds is subject to the General
   34-3  Appropriations Act.
   34-4        SECTION 17.  (a)  The changes in law made by this Act for the
   34-5  punishment for an offense under Article 6701l-1, Revised Statutes,
   34-6  and for the suspension of driver's licenses following a conviction
   34-7  for an offense under that article or Section 19.05, Penal Code,
   34-8  apply only to an offense committed on or after the effective date
   34-9  of this Act.  The changes in law relating to the administrative
  34-10  suspension of a driver's license and to a suspension for refusal to
  34-11  give a specimen of breath or blood apply only to a person who is
  34-12  arrested on or after the effective date of this Act.
  34-13        (b)  For the purposes of this Act, an offense was committed
  34-14  before the effective date of this Act if any element of the offense
  34-15  occurred before the effective date of this Act.  The suspension of
  34-16  a driver's license for a reason other than the conviction of an
  34-17  offense is controlled by the law in effect when the action that is
  34-18  the basis for the suspension occurred.  An offense committed before
  34-19  the effective date of this Act is covered by the law in effect when
  34-20  the offense was committed, and the former law is continued in
  34-21  effect for this purpose.
  34-22        SECTION 18.  The Department of Public Safety shall deliver an
  34-23  annual report to the legislature relating to the operation and
  34-24  administration of Article 6687b-1, Revised Statutes, as added by
  34-25  this Act.  The report shall be separate from any other report of
  34-26  the Department of Public Safety to the legislature.  The report
  34-27  shall include statistical information relating to the number of
   35-1  driver's licenses suspended under Article 6687b-1, Revised
   35-2  Statutes, the number of administrative hearings requested by
   35-3  persons whose licenses were suspended, the number of administrative
   35-4  hearings conducted under Article 6687b-1, Revised Statutes, by the
   35-5  State Office of Administrative Hearings and the results of those
   35-6  hearings, the number of judicial appeals of hearings conducted
   35-7  under Article 6687b-1, Revised Statutes, and the results of those
   35-8  appeals, the number of requests for testimony of breath test
   35-9  operators and breath test supervisors and the outcomes of hearings,
  35-10  the number of continuances requested by persons subject to license
  35-11  suspension hearings, the amount of federal funds received by the
  35-12  state as a result of this program, together with recommendations
  35-13  concerning the operation or administration of Article 6687b-1,
  35-14  Revised Statutes, and other information that demonstrates whether
  35-15  the purposes of this Act are being achieved.
  35-16        SECTION 19.  This Act takes effect January 1, 1994, except
  35-17  that the Department of Public Safety and State Office of
  35-18  Administrative Hearings shall adopt rules and forms under this Act
  35-19  before that date and take other actions before that date necessary
  35-20  to prepare for the taking effect of this Act.
  35-21        SECTION 20.  The importance of this legislation and the
  35-22  crowded condition of the calendars in both houses create an
  35-23  emergency and an imperative public necessity that the
  35-24  constitutional rule requiring bills to be read on three several
  35-25  days in each house be suspended, and this rule is hereby suspended.