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.