1-1  By:  Patterson (Senate Sponsor - Henderson)           H.B. No. 1319
    1-2        (In the Senate - Received from the House May 17, 1993;
    1-3  May 18, 1993, read first time and referred to Committee on Criminal
    1-4  Justice; May 20, 1993, rereferred to Committee on State Affairs;
    1-5  May 24, 1993, reported favorably by the following vote:  Yeas 10,
    1-6  Nays 0; May 24, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Harris of Dallas   x                               
   1-10        Rosson             x                               
   1-11        Carriker                                      x    
   1-12        Henderson          x                               
   1-13        Leedom             x                               
   1-14        Lucio              x                               
   1-15        Luna               x                               
   1-16        Nelson             x                               
   1-17        Patterson          x                               
   1-18        Shelley            x                               
   1-19        Sibley             x                               
   1-20        West                                          x    
   1-21        Whitmire                                      x    
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to driver's licenses, permits, and resident and
   1-25  nonresident operating privileges.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Section 10(a), Article 42.12, Code of Criminal
   1-28  Procedure, is amended to read as follows:
   1-29        (a)  Only the court in which the defendant was tried may
   1-30  grant probation, impose conditions, revoke the probation, or
   1-31  discharge the defendant, unless the court has transferred
   1-32  jurisdiction of the case to another court with the latter's
   1-33  consent.  Except as provided by Subsection (d) of this section,
   1-34  only the court may alter conditions of probation.  In a felony
   1-35  case, only the judge who originally sentenced the defendant may
   1-36  suspend execution thereof and place the defendant under probation
   1-37  pursuant to Section 6 of this article except that if the judge who
   1-38  originally sentenced the defendant is deceased or disabled or if
   1-39  the office is vacant and a motion is filed in accordance with
   1-40  Section 6 of this article, the clerk of the court shall promptly
   1-41  forward a copy of the motion to the presiding judge of the
   1-42  administrative judicial district for that court, who may deny the
   1-43  motion without a hearing or appoint a judge to hold a hearing on
   1-44  the motion.  If the court revokes the probation of a defendant for
   1-45  an offense under Article 6701l-1, Revised Statutes, and the
   1-46  driver's license or privilege to operate a motor vehicle has not
   1-47  previously been ordered by the court to be suspended, or if the
   1-48  suspension was previously probated, the court shall suspend the
   1-49  license or privilege for a period provided under Section 24,
   1-50  Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
   1-51  (Article 6687b, Vernon's Texas Civil Statutes).  The suspension
   1-52  shall be reported to the Department of Public Safety as provided
   1-53  under Section 25, Chapter 173, Acts of the 47th Legislature,
   1-54  Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
   1-55  Statutes).
   1-56        SECTION 2.  Sections 13(h), (j), (k), and (l), Article 42.12,
   1-57  Code of Criminal Procedure, are amended to read as follows:
   1-58        (h)  If a person convicted of an offense under Article
   1-59  6701l-1, Revised Statutes, is punished under Subsection (c) of that
   1-60  article and is placed on probation, the court shall require, as a
   1-61  condition of the probation, that the defendant attend and
   1-62  successfully complete before the 181st day after the day probation
   1-63  is granted an educational program jointly approved by the Texas
   1-64  Commission on Alcohol and Drug Abuse, the Department of Public
   1-65  Safety, the Traffic Safety Section of the State Department of
   1-66  Highways and Public Transportation, and the community justice
   1-67  assistance division of the Texas Department of Criminal Justice
   1-68  <Texas Adult Probation Commission> designed to rehabilitate persons
    2-1  who have driven while intoxicated.  The Texas Commission on Alcohol
    2-2  and Drug Abuse shall publish the jointly approved rules and shall
    2-3  monitor, coordinate, and provide training to persons providing the
    2-4  educational programs.  The Texas Commission on Alcohol and Drug
    2-5  Abuse is responsible for the administration of the certification of
    2-6  approved educational programs and may charge a nonrefundable
    2-7  application fee for the initial certification of approval and for
    2-8  renewal of a certificate.  The judge may waive the educational
    2-9  program requirement or may grant an extension of time to
   2-10  successfully complete the program that expires not later than one
   2-11  year after the beginning date of the person's probation, however,
   2-12  if the defendant by a motion in writing shows good cause.  In
   2-13  determining good cause, the judge may consider but is not limited
   2-14  to:  the offender's school and work schedule, the offender's
   2-15  health, the distance that the offender must travel to attend an
   2-16  educational program, and the fact that the offender resides out of
   2-17  state, has no valid driver's license, or does not have access to
   2-18  transportation.  The judge shall set out the finding of good cause
   2-19  for waiver in the judgment.  If a person is required, as a
   2-20  condition of probation, to attend an educational program or if the
   2-21  court waives the educational program requirement, the court clerk
   2-22  shall immediately report that fact to the Department of Public
   2-23  Safety, on a form prescribed by the department, for inclusion in
   2-24  the person's driving record.  If the court grants an extension of
   2-25  time in which the person may complete the program, the court clerk
   2-26  shall immediately report that fact to the Department of Public
   2-27  Safety on a form prescribed by the department.  The report must
   2-28  include the beginning date of the person's probation.  Upon the
   2-29  successful completion of the educational program, the person shall
   2-30  give notice to the probation department.  The probation department
   2-31  shall then forward the notice to the court clerk.  The court clerk
   2-32  shall then report the date of successful completion of the
   2-33  educational program to the Department of Public Safety for
   2-34  inclusion in the person's driving record.  If the department does
   2-35  not receive notice that a person required to complete an
   2-36  educational program has successfully completed the program within
   2-37  the period required by this section, as shown on department
   2-38  records, the department shall revoke <suspend> the person's
   2-39  driver's license, permit, or privilege or prohibit the person from
   2-40  obtaining a license or permit, as provided by Section 24(g)(2),
   2-41  Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
   2-42  (Article 6687b, Vernon's Texas Civil Statutes).  This subsection
   2-43  does not apply to a defendant if a jury recommends probation for
   2-44  the defendant and also recommends that the defendant's driver's
   2-45  license not be suspended.
   2-46        (j)  The court may require or permit a person who was
   2-47  previously convicted of an offense under Article 6701l-1, Revised
   2-48  Statutes, and who was required to attend an educational program
   2-49  under Subsection (h) of this section as a condition of probation,
   2-50  to attend an educational program under Subsection (h) of this
   2-51  section with a curriculum for repeat offenders approved by the
   2-52  Texas Commission on Alcohol and Drug Abuse if the court determines
   2-53  that attendance at a program would be in the person's best
   2-54  interest.  If the Department of Public Safety does not receive
   2-55  notice that a person required to complete an educational program
   2-56  has successfully completed the program before the 181st day after
   2-57  the date probation is granted, as shown on department records, the
   2-58  department shall revoke the person's driver's license, permit, or
   2-59  privilege and prohibit the person from obtaining a license or
   2-60  permit, as provided by Section 24(g)(2), Chapter 173, Acts of the
   2-61  47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
   2-62  Texas Civil Statutes).
   2-63        (k)  Notwithstanding Section 24(g), Chapter 173, Acts of the
   2-64  47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
   2-65  Texas Civil Statutes), if the court, under Subsection (h) or (j) of
   2-66  this section, permits or requires a person to attend an educational
   2-67  program as a condition of probation, or waives the required
   2-68  attendance for such a program, and the person has previously been
   2-69  convicted of an offense under Article 6701l-1, Revised Statutes,
   2-70  and has previously been required to attend such a program, or the
    3-1  required attendance at that program had been waived, the court
    3-2  nonetheless shall order the suspension of <automatically suspend>
    3-3  the driver's license, permit, or operating privilege of that person
    3-4  for a period determined by the court according to the following
    3-5  schedule:
    3-6              (1)  not less than 90 days or more than 365 days, if
    3-7  the person is punished under Subsection (c), Article 6701l-1,
    3-8  Revised Statutes, whether or not the punishment is increased under
    3-9  Subsection (f) of that article; or
   3-10              (2)  not less than 180 days or more than two years, if
   3-11  the person is punished under Subsection (d) or (e), Article
   3-12  6701l-1, Revised Statutes, whether or not the punishment is
   3-13  increased under Subsection (f) of that article.
   3-14        (l)  If the Department of Public Safety receives notice that
   3-15  a person has been required or permitted to attend a subsequent <an>
   3-16  educational program under Subsection (h), (j), or (k) of this
   3-17  section, although the previously required attendance had been
   3-18  waived, but the court has not ordered a period of suspension, the
   3-19  department shall suspend the person's driver's license, permit, or
   3-20  operating privilege, or shall issue an order prohibiting the person
   3-21  from obtaining a license or permit for a period of 365 days.
   3-22        SECTION 3.  Section 2(f), Chapter 434, Acts of the 61st
   3-23  Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
   3-24  Civil Statutes), is amended to read as follows:
   3-25        (f)  When the director receives the report, the director
   3-26  shall suspend the person's license, permit, or resident or
   3-27  nonresident <operating> privilege to operate a motor vehicle on a
   3-28  public highway, or shall issue an order prohibiting the person from
   3-29  obtaining a license or permit, for 90 days effective 28 days after
   3-30  the date the person receives notice by certified mail or 31 days
   3-31  after the date the director sends notice by certified mail, if the
   3-32  person has not accepted delivery of the notice.  If, not later than
   3-33  the 20th day after the date on which the person receives notice by
   3-34  certified mail or the 23rd day after the date the director sent
   3-35  notice by certified mail, if the person has not accepted delivery
   3-36  of the notice, the department receives a written demand that a
   3-37  hearing be held, the department shall promptly make arrangements<,
   3-38  not later than the 10th day after the day of receipt of the demand,
   3-39  request a court> to set the hearing for the earliest practical time
   3-40  <possible date>.  The hearing shall be set in the same manner as a
   3-41  hearing under Section 22(a), Chapter 173, Acts of the 47th
   3-42  Legislature, Regular Session, 1941, as amended (Article 6687b,
   3-43  Vernon's Texas Civil Statutes).  If, upon such hearing the hearing
   3-44  officer <court> finds (1) that probable cause existed that such
   3-45  person was driving or in actual physical control of a motor vehicle
   3-46  on the highway or upon a public beach while intoxicated, (2) that
   3-47  the person was placed under arrest by the officer and was offered
   3-48  an opportunity to give a specimen under the provisions of this Act,
   3-49  and (3) that such person refused to give a specimen upon request of
   3-50  the officer, then the Director of the Texas Department of Public
   3-51  Safety shall suspend the person's license or permit to drive, or
   3-52  any nonresident operating privilege for a period of 90 days<, as
   3-53  ordered by the court>.  If the person is a resident without a
   3-54  license or permit to operate a motor vehicle in this State, the
   3-55  Texas Department of Public Safety shall deny to the person the
   3-56  issuance of a license or permit for 90 days.  If, after a hearing
   3-57  has been requested, the person or the person's agent fails to
   3-58  appear at a hearing under this subsection, the department shall
   3-59  suspend the person's license, permit, or resident or nonresident
   3-60  operating privilege for 90 days.
   3-61        SECTION 4.  Section 1, Chapter 173, Acts of the 47th
   3-62  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   3-63  Civil Statutes), is amended by amending Subdivisions (5) and (6)
   3-64  and adding Subdivision (12) to read as follows:
   3-65              (5)  "Revocation of driver's license" means the
   3-66  termination for an indefinite period of time by formal action of
   3-67  the Department of a person's license or privilege to operate a
   3-68  motor vehicle on a public highway which may not be restored until
   3-69  all requirements for which the revocation action was taken have
   3-70  been satisfied <except by applying to the Department for a new
    4-1  license after the expiration date of the revocation>.
    4-2              (6)  "Suspension of driver's license" means the
    4-3  temporary withdrawal for a definite period of time of a person's
    4-4  license or privilege to operate a motor vehicle on a public
    4-5  highway.
    4-6              (12)  "Director" has the meaning assigned by Section
    4-7  411.001, Government Code.
    4-8        SECTION 5.  Section 4A, Chapter 173, Acts of the 47th
    4-9  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   4-10  Civil Statutes), as added by Chapter 303, Acts of the 68th
   4-11  Legislature, Regular Session, 1983, is redesignated as Section 4C
   4-12  to read as follows:
   4-13        Sec. 4C <4A>.  (a)  The Department may not issue a license or
   4-14  permit to a person convicted of an offense under Article 6701l-1,
   4-15  Revised Statutes, or Section 19.05(a)(2), Penal Code, or an offense
   4-16  to which Section 24(a-1) of this Act applies unless the period of
   4-17  suspension that would have applied had the person had a license,
   4-18  permit, or privilege at the time of the conviction has expired.
   4-19  The Department may not issue a license or permit to a person if the
   4-20  Department has been ordered by a juvenile court under Section
   4-21  54.042, Family Code, to deny the person a license or permit, unless
   4-22  the period of time specified in the order has expired.
   4-23        (b)  A person does not have a privilege to operate a motor
   4-24  vehicle in this state during the period described in Subsection (a)
   4-25  of this section if the Department is prohibited from issuing a
   4-26  license or permit to that person under this section.
   4-27        SECTION 6.  Section 6(b), Chapter 173, Acts of the 47th
   4-28  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   4-29  Civil Statutes), is amended to read as follows:
   4-30        (b)  Every said original application shall state the
   4-31  applicant's full name, place and date of birth, such information to
   4-32  be verified by presentation of proof of identity <a certified copy
   4-33  of the applicant's birth certificate or other documentary evidence
   4-34  deemed> satisfactory to <by> the Department.  Such application
   4-35  shall also include the thumbprints, or if for any reason
   4-36  thumbprints cannot be taken, the index fingerprints of the
   4-37  applicant, and shall state the sex and residence address of the
   4-38  applicant, and briefly describe the applicant, and shall state
   4-39  whether the applicant has theretofore been licensed to drive a
   4-40  motor vehicle and, if so, when and by what state or country, and
   4-41  whether any such license has ever been suspended or revoked or
   4-42  whether an application has ever been refused, and, if so, the date
   4-43  of and reason for such suspension, revocation, or refusal, and
   4-44  whether the applicant, if less than twenty-five (25) years of age,
   4-45  has completed a driver education course approved by the Department,
   4-46  and such other information as the Department may require to
   4-47  determine the applicant's identity, competency and eligibility.
   4-48  Information about the medical history of an applicant supplied to
   4-49  the Department or a Medical Advisory Board is for the confidential
   4-50  use of the Department or the Board and may not be divulged to any
   4-51  person or used as evidence in a legal proceeding except a
   4-52  proceeding under Section 22 or Section 31 of this Act.
   4-53        SECTION 7.  Sections 22(a) and (b), Chapter 173, Acts of the
   4-54  47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
   4-55  Texas Civil Statutes), are amended to read as follows:
   4-56        (a)  When under Section 10 of this Act the Director believes
   4-57  the licensee to be incapable of safely operating a motor vehicle or
   4-58  when the Department receives necessary information about a licensee
   4-59  in accordance with a contract made under Section 2, Article 6687c,
   4-60  Revised Statutes, the Director may notify said licensee of such
   4-61  fact and summons him to appear for hearing as provided hereinafter.
   4-62  Such hearing shall be had not less than ten (10) days after
   4-63  notification to the licensee or operator under any of the
   4-64  provisions of this section, and upon charges in writing, a copy of
   4-65  which shall be given to said operator or licensee not less than ten
   4-66  (10) days before said hearing, except as otherwise provided by this
   4-67  subsection.  For the purpose of hearing <such> cases under this
   4-68  subsection,  jurisdiction is vested in the hearing officer, <mayor
   4-69  of the city, or> judge of the municipal <police> court, or a
   4-70  Justice of the Peace in the county where the operator or licensee
    5-1  resides.  The <Such> officer may receive a fee for hearing a case
    5-2  <such cases> if <such> a fee is approved and set by the County
    5-3  Commissioners Court which has jurisdiction over the residence of
    5-4  the operator or licensee.  The <and such> fee shall not exceed Five
    5-5  Dollars ($5.00) per case and shall be paid from the General Revenue
    5-6  Fund of the County.  Any fees, not to exceed Five Dollars ($5.00)
    5-7  per case, which the County Commissioners Court may determine to be
    5-8  owed to the <such> officer for past hearings, or any fees, not to
    5-9  exceed Five Dollars ($5.00) per case, previously paid the <such>
   5-10  officer for hearing <said> cases, are <is hereby> authorized.  The
   5-11  officer <Such court> may administer oaths and may issue subpoenas
   5-12  for the attendance of witnesses and the production of relevant
   5-13  <relative> books and papers.  It shall be the duty of the officer
   5-14  <court> to set the matter for hearing at the earliest practical
   5-15  time <upon ten (10) days' written notice to the Department>.  At a
   5-16  <Upon such> hearing, the issues to be determined are whether the
   5-17  license shall be suspended or whether the license shall be revoked,
   5-18  and, in the event of a suspension, the length of time of the
   5-19  suspension, which shall not exceed one (1) year, except as provided
   5-20  under Subsection (c) of this section.  In the event of a revocation
   5-21  under the twelfth (12th) ground listed in Subsection (b) of this
   5-22  section, the officer who presides over the hearing shall report to
   5-23  the Department to revoke the person's license until notice is
   5-24  received under Subsection (b), Section 5, Article 6687c, Revised
   5-25  Statutes, to reinstate the person's license.  In other cases, the
   5-26  officer who presides at such hearing shall report the finding to
   5-27  the Department which shall have authority to suspend the license
   5-28  for the length of time reported.  In the event of an affirmative
   5-29  finding, the licensee may appeal the decision as provided under
   5-30  Section 31 of this Act <to the county court of the county wherein
   5-31  the hearing was held, said appeal to be tried de novo>.  Notice by
   5-32  certified <registered> mail to the address shown on the license of
   5-33  the licensee shall constitute service for the purpose of this
   5-34  section.  If the hearing is to determine whether a licensee  is an
   5-35  habitual violator of the traffic law, and if the certified
   5-36  <registered> letter is returned to the Department because the
   5-37  Department has not been notified of the licensee's correct address
   5-38  or because the licensee has refused to accept the certified
   5-39  <registered> letter, the Director may give the licensee notice of a
   5-40  pending hearing by publishing notice in a newspaper of general
   5-41  circulation in the County of the licensee's residence, as listed in
   5-42  Department records, at least thirty (30) days before the hearing.
   5-43  The Director shall specify in the notice the place, time, and date
   5-44  of the hearing and shall state in the notice that the Department is
   5-45  entitled to suspend for a period of not more than one (1) year the
   5-46  license of a licensee who is found to be an habitual violator of
   5-47  the traffic law.
   5-48        (b)  Except for the fifth (5th), eleventh (11th), <and>
   5-49  twelfth (12th), fourteenth (14th), fifteenth (15th), and sixteenth
   5-50  (16th) listed grounds in this subsection, for which the director
   5-51  has authority to revoke a license, the authority to suspend the
   5-52  license of any driver as authorized in this Section is granted the
   5-53  director upon determining that the person:
   5-54              (1)  has operated a motor vehicle on a highway while
   5-55  the person's license was suspended, revoked, canceled,
   5-56  disqualified, or denied;
   5-57              (2)  has been responsible as a driver for any accident
   5-58  resulting in death;
   5-59              (3)  is an habitual reckless or negligent driver of a
   5-60  motor vehicle;
   5-61              (4)  is an habitual violator of the traffic law.
   5-62        The term "habitual violator" as used herein, shall mean any
   5-63  person with four (4) or more convictions arising out of different
   5-64  transactions in a consecutive period of twelve (12) months, or
   5-65  seven (7) or more convictions arising out of different transactions
   5-66  within a period of twenty-four (24) months, such convictions being
   5-67  for moving violations of the traffic laws of any <this> state or
   5-68  its political subdivisions other than a violation of:
   5-69                    (A)  Section 3 or 5, Chapter 42, General Laws,
   5-70  Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
    6-1  6701d-11, Vernon's Texas Civil Statutes);
    6-2                    (B)  Chapter 293, Acts of the 53rd Legislature,
    6-3  Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
    6-4  Statutes);
    6-5                    (C)  Chapter 608, Acts of the 65th Legislature,
    6-6  Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
    6-7  Statutes);
    6-8                    (D)  Chapter 73, Acts of the 54th Legislature,
    6-9  Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
   6-10  Statutes);
   6-11                    (E)  Chapter 212, Acts of the 56th Legislature,
   6-12  Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
   6-13  Statutes);
   6-14                    (F)  Chapter 8, Acts of the 62nd Legislature,
   6-15  Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
   6-16  Statutes); or
   6-17                    (G)  Section 107C, Uniform Act Regulating Traffic
   6-18  on Highways (Article 6701d, Vernon's Texas Civil Statutes);
   6-19              (5)  is incapable of safely driving a motor vehicle;
   6-20              (6)  has permitted an unlawful or fraudulent use of
   6-21  such license;
   6-22              (7)  has committed an offense in another state, which
   6-23  if committed in this State would be grounds for suspension or
   6-24  revocation;
   6-25              (8)  has violated a restriction or endorsement imposed
   6-26  on the use of the license;
   6-27              (9)  has been responsible as a driver for any accident
   6-28  resulting in serious personal injury or serious property damage;
   6-29              (10)  is the holder of a provisional license under
   6-30  Section 11A of this Act and has been convicted of two (2) or more
   6-31  moving violations committed within a period of twelve (12) months;
   6-32              (11)  has not complied with the terms of a citation
   6-33  issued by a jurisdiction that is a member of the Nonresident
   6-34  Violator Compact of 1977 for a violation to which the compact
   6-35  applies;
   6-36              (12)  has a warrant of arrest outstanding, for failure
   6-37  to appear or pay a fine on a complaint, that is issued by a
   6-38  political subdivision that has contracted with the Department under
   6-39  Article 6687c, Revised Statutes;
   6-40              (13)  has committed an offense under Section 186,
   6-41  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   6-42  Texas Civil Statutes);
   6-43              (14)  has failed to provide medical records or has
   6-44  failed to undergo medical or other examinations as required by a
   6-45  panel of the Medical Advisory Board;
   6-46              (15)  has failed to take, or failed to pass, any
   6-47  examination required by the director under this Act; or
   6-48              (16)  has been reported by a court under Section 1c or
   6-49  2(a), Chapter 302, Acts of the 55th Legislature, Regular Session,
   6-50  1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for failure
   6-51  to appear or default in payment of a fine unless the court has
   6-52  filed an additional report on final disposition of the case.
   6-53        SECTION 8.  Section 22, Chapter 173, Acts of the 47th
   6-54  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   6-55  Civil Statutes), is amended by adding Subsections (c) and (g) to
   6-56  read as follows:
   6-57        (c)  For purposes of a hearing under Subsection (b)(1) of
   6-58  this section, the period of suspension shall be automatically
   6-59  extended on an affirmative finding.  The extended period of
   6-60  suspension shall be for the same period as the original suspension,
   6-61  or one year, whichever is less.
   6-62        (g)  All decisions rendered under this section become final
   6-63  10 days after the date an order is entered, except when the
   6-64  decision is appealed as provided under Section 31 of this Act.
   6-65        SECTION 9.  Section 22(e), Chapter 173, Acts of the 47th
   6-66  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   6-67  Civil Statutes), is amended to read as follows:
   6-68        (e)(1)  The <judge or> officer holding a hearing under
   6-69  Subsection (a), (b), or (d) of this section, or the court trying an
   6-70  appeal under Section 31 of this Act, on determining that the
    7-1  License shall be suspended <or revoked>, may, when it appears to
    7-2  the satisfaction of the court that the ends of justice and the best
    7-3  interests of the public as well as the defendant will be subserved
    7-4  thereby, recommend that the <revocation or> suspension be probated
    7-5  on terms and conditions deemed by the officer or judge to be
    7-6  necessary or proper.  The report to the Department of the results
    7-7  of the hearing must include the terms and conditions of such
    7-8  probation.  When probation is recommended by the judge or officer
    7-9  presiding at a hearing, the Department shall probate the suspension
   7-10  <or revocation>.  This subsection does not apply to an appeal under
   7-11  Section 31 of this Act for suspension of a driver's license or
   7-12  denial of  operating privileges under Subsection (b)(1) of this
   7-13  section, or Section 2, Chapter 434, Acts of the 61st Legislature,
   7-14  Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
   7-15  Statutes).
   7-16              (2)  If an officer probates a suspension of a driver's
   7-17  license or privilege under this section or Section 31 of this Act,
   7-18  the probationary period must be for a term of not less than ninety
   7-19  (90) days or more than two (2) years.
   7-20        SECTION 10.  Section 23B, Chapter 173, Acts of the 47th
   7-21  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   7-22  Civil Statutes), is amended by adding Subsection (c) to read as
   7-23  follows:
   7-24        (c)  The court that enters an order for an essential need
   7-25  license, as provided under Section 23A of this Act, may at any time
   7-26  during the duration of the order issue an order revoking the
   7-27  essential need license for good cause.  A certified copy of the
   7-28  court order revoking the essential need license shall be forwarded
   7-29  to the Department.
   7-30        SECTION 11.  Section 24, Chapter 173, Acts of the 47th
   7-31  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   7-32  Civil Statutes), is amended to read as follows:
   7-33        Sec. 24.  AUTOMATIC SUSPENSION OF LICENSE.  (a)  Except as
   7-34  provided by Subsection (g) of this Section, the license of any
   7-35  person shall be automatically suspended upon final conviction of:
   7-36              (1)  an offense under Section 19.07, Penal Code,
   7-37  committed as a result of the person's criminally negligent
   7-38  operation of a motor vehicle;
   7-39              (2)  an offense under Section 19.05(a)(2), Penal Code;
   7-40              (3)  an offense under Article 6701l-1, Revised
   7-41  Statutes;
   7-42              (4)  an offense punishable as a felony under the motor
   7-43  vehicle laws of this State;
   7-44              (5)  an offense under Section 38, Uniform Act
   7-45  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
   7-46  Statutes); or
   7-47              (6)  an offense under Section 32 or 32A of this Act.
   7-48        (a-1)  The license of any person who was younger than 21
   7-49  years of age at the time of the offense, other than a misdemeanor
   7-50  punishable by fine only, shall be automatically suspended on
   7-51  conviction of:
   7-52              (1)  an offense under Article 6701l-1, Revised
   7-53  Statutes;
   7-54              (2)  an offense under the Alcoholic Beverage Code
   7-55  involving the manufacture, delivery, possession, transportation, or
   7-56  use of an alcoholic beverage;
   7-57              (3)  an offense under Chapter 481, Health and Safety
   7-58  Code (Texas Controlled Substances Act), involving the manufacture,
   7-59  delivery, possession, transportation, or use of a controlled
   7-60  substance;
   7-61              (4)  an offense under Chapter 483, Health and Safety
   7-62  Code, involving the manufacture, delivery, possession,
   7-63  transportation, or use of a dangerous drug;
   7-64              (5)  an offense under Chapter 484, Health and Safety
   7-65  Code, involving the manufacture, delivery, possession,
   7-66  transportation, or use of a volatile chemical.
   7-67        (b)  Except as provided by Subsections (d), (e), (g), (h),
   7-68  (i), and (j) of this Section, the suspension above provided shall
   7-69  in the first instance be for a period of twelve (12) months.  In
   7-70  event any license shall be suspended under the provision of this
    8-1  Section for a subsequent time, said subsequent suspension shall be
    8-2  for a period of eighteen (18) months, except as provided by
    8-3  Subsections (d), (e), (g), (h), (i), and (j) of this Section.
    8-4        (c)  The suspension or disqualification period of any license
    8-5  shall be automatically extended upon the person <licensee> being
    8-6  convicted of operating a motor vehicle or commercial motor vehicle
    8-7  while the license or privilege to operate a motor vehicle of such
    8-8  person is suspended, revoked, canceled, denied, or disqualified <or
    8-9  under disqualification>; such extended period of suspension or
   8-10  disqualification to be for a like period as the original suspension
   8-11  or disqualification, and is in addition to any other penalty
   8-12  assessed, as provided in this Act or in the Texas Commercial
   8-13  Driver's License Act (Article 6687b-2, Revised Statutes).
   8-14        (d)  Except as provided by Subsections (g), (h), and (j) of
   8-15  this Section, if a person is convicted of an offense under Article
   8-16  6701l-1, Revised Statutes, the suspension of the person's license
   8-17  shall begin on the date of conviction or not more than thirty (30)
   8-18  days after the date of conviction, as determined by the court, and
   8-19  be for a period determined by the court according to the following
   8-20  schedule:
   8-21              (1)  not less than ninety (90) or more than three
   8-22  hundred sixty-five (365) days, if the person is punished under
   8-23  Subsection (c) of that article, whether or not the punishment is
   8-24  increased under Subsection (f) of that article; or
   8-25              (2)  not less than one hundred eighty (180) days or
   8-26  more than two (2) years, if the person is punished under Subsection
   8-27  (d) or (e) of that article, whether or not the punishment is
   8-28  increased under Subsection (f) of that article.
   8-29        (e)  Except as provided by Subsection (j) of this section, if
   8-30  a person is convicted of an offense under Section 19.05(a)(2),
   8-31  Penal Code, the suspension of the person's license shall be for a
   8-32  period determined by the court of not less than one hundred eighty
   8-33  (180) days and not <or> more than two (2) years.  The suspension
   8-34  shall begin on the date of conviction or not more than thirty (30)
   8-35  days after the date of conviction, as determined by the court.
   8-36        (f)  Except as otherwise provided by this subsection, the
   8-37  court shall credit toward the period of suspension of a person's
   8-38  license required by this article a period of suspension imposed on
   8-39  the person for refusal to give a specimen under Chapter 434, Acts
   8-40  of the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
   8-41  Vernon's Texas Civil Statutes), if the refusal followed an arrest
   8-42  for the same offense for which the court is suspending the person's
   8-43  license under this article.  The court may not extend the credit to
   8-44  a person that has been previously convicted of an offense under
   8-45  Article 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal
   8-46  Code, or to a person whose period of suspension is governed by
   8-47  Subsection (j) of this section.
   8-48        (g)(1)  Except as provided by Subdivision (2) of this
   8-49  subsection and Subsection (j) of this section, the Department may
   8-50  not, during the period of probation, revoke <suspend> the driver's
   8-51  license, permit, or resident or nonresident <operating> privilege
   8-52  to operate a motor vehicle of a person if the person is required
   8-53  under Section 13(h) or (j), Article 42.12, Code of Criminal
   8-54  Procedure, to attend and successfully complete an educational
   8-55  program designed to rehabilitate persons who have driven while
   8-56  intoxicated.  The Department also may not revoke <suspend> the
   8-57  driver's license, permit, or nonresident operating privilege of a
   8-58  person for whom the jury has recommended, under Section 13(g) <4>,
   8-59  Article 42.12, Code of Criminal Procedure, no revocation
   8-60  <suspension>.
   8-61              (2)  After the date has passed, according to records of
   8-62  the Department, for successful completion of an educational program
   8-63  designed to rehabilitate persons who have driven while intoxicated,
   8-64  if the records do not indicate successful completion of the
   8-65  program, the Director shall revoke <suspend> the person's driver's
   8-66  license, permit, or resident or nonresident <operating> privilege
   8-67  to operate a motor vehicle or, if the person is a resident without
   8-68  a license or permit to operate a motor vehicle in this state, shall
   8-69  issue an order prohibiting the person from obtaining a license or
   8-70  permit.  A revocation <suspension> or prohibition order under this
    9-1  subsection is effective until the Department receives notice of the
    9-2  successful completion of the educational program <for a period of
    9-3  twelve (12) months>.
    9-4              (3)  The Director shall promptly send notice of a
    9-5  revocation <suspension> or prohibition order issued under this
    9-6  subsection, by certified mail, return receipt requested, to the
    9-7  person at the person's most recent address as listed in records of
    9-8  the Department.  The notice must include the date of the revocation
    9-9  <suspension> or prohibition order and<,> the reason for the
   9-10  revocation <suspension> or prohibition<, and the beginning and
   9-11  ending dates of the suspension or prohibition>.  A revocation
   9-12  <suspension> or prohibition under this subsection may not take
   9-13  effect before the twenty-eighth (28th) day after the date the
   9-14  person receives notice by certified mail or the thirty-first (31st)
   9-15  day after the Director sends notice by certified mail, if the
   9-16  person has not accepted delivery of the notice.  The notice must
   9-17  also include a statement that the person has a right to demand in
   9-18  writing that a hearing on the revocation <suspension> or
   9-19  prohibition be held.  If, not later than the twentieth (20th) day
   9-20  after the date on which the person receives notice by certified
   9-21  mail or the twenty-third (23rd) day after the date the Director
   9-22  sent notice by certified mail, if the person has not accepted
   9-23  delivery of the notice, the Department receives a written demand
   9-24  that a hearing be held, the Department shall make arrangements<,
   9-25  not later than the tenth (10th) day after the day of receipt of the
   9-26  demand, request a court> to set the hearing for the earliest
   9-27  practical time <possible date>.  If a person demands a hearing as
   9-28  provided by this subsection, the revocation <suspension> or
   9-29  prohibition does not take effect until resolution of the hearing.
   9-30              (4)  A hearing on revocation <suspension> or
   9-31  prohibition shall be held in a municipal or justice court in the
   9-32  county of the person's residence in the manner provided for a
   9-33  hearing on suspension under Section 22(a) of this Act.  At a
   9-34  hearing, the issues to be determined are whether the person has
   9-35  successfully completed an educational program that was imposed
   9-36  under Section 13(h) or (j) <6c>, Article 42.12 <42.13>, Code of
   9-37  Criminal Procedure, <1965,> and whether the period for completion
   9-38  of the program has passed.  If the hearing officer <court>
   9-39  determines that the educational program imposed has not been
   9-40  completed and the period for completion of the program has passed,
   9-41  the hearing officer <court> shall confirm the revocation
   9-42  <suspension> or prohibition and notify the Department of that fact.
   9-43  If the hearing officer <court> finds that the program imposed has
   9-44  been completed or that, before the administrative hearing, the
   9-45  court that originally imposed the requirement to attend an
   9-46  educational program under Section 13(h) or (j), Article 42.12, Code
   9-47  of Criminal Procedure, has granted an extension of time that has
   9-48  not expired, or that the period for completion has not passed, the
   9-49  Director shall take no action to revoke or prohibit the issuance of
   9-50  any license, permit, or privilege to operate a vehicle.  If, after
   9-51  a hearing has been requested, the person or the person's agent
   9-52  fails to appear at the hearing, the Department shall revoke the
   9-53  person's license, permit, or privilege to operate until the
   9-54  Department receives notice of the successful completion of the
   9-55  educational program <the court shall direct the Department to
   9-56  promptly rescind the order and reinstate in the records of the
   9-57  Department any driver's license, permit, or privilege of the
   9-58  person.  The court may modify or revoke an order of suspension or
   9-59  prohibition if the court determines for good cause shown that the
   9-60  person was unable to complete an educational program within the
   9-61  period originally specified by the court.  The court shall
   9-62  condition the modification or revocation of the order on the
   9-63  person's completion of the course within a period specified by the
   9-64  court not to exceed one (1) year from the beginning date of the
   9-65  person's probation>.
   9-66        (h)  The Department shall suspend the license of a person on
   9-67  receiving an order from a juvenile court under Section 54.042,
   9-68  Family Code, to suspend that person's license.  The period of the
   9-69  suspension shall be for the period specified in the order.
   9-70        (i)  If a person is convicted of an offense under Section 32
   10-1  or 32A of this Act, the suspension of the person's license shall be
   10-2  for a period determined by the court of not less than ninety (90)
   10-3  days or more than three hundred and sixty-five (365) days.  If the
   10-4  court fails to set a period of suspension, the Department shall
   10-5  suspend the license for a period of three hundred and sixty-five
   10-6  (365) days.
   10-7        (j)  The Department shall suspend the license of a person who
   10-8  is younger than 21 years of age and is convicted of an offense
   10-9  under Section 19.05(a)(2), Penal Code, or Article 6701l-1, Revised
  10-10  Statutes, regardless of whether the person is required to attend an
  10-11  educational program designed to rehabilitate persons who have
  10-12  driven while intoxicated under Section 13(h), Article 42.12, Code
  10-13  of Criminal Procedure, for one year.  If a person required to
  10-14  attend an educational program designed to rehabilitate persons who
  10-15  have driven while intoxicated under Section 13(h), Article 42.12,
  10-16  Code of Criminal Procedure, does not complete the program before
  10-17  the end of the person's suspension, the Department shall continue
  10-18  the suspension until the Department receives proof that the person
  10-19  has successfully completed the program.  A person who completes the
  10-20  educational program required under this subsection may submit proof
  10-21  of the completion to the clerk of the convicting court who shall
  10-22  send it to the Department in the manner provided by Section 13(h),
  10-23  Article 42.12, Code of Criminal Procedure.
  10-24        (k)  A person whose license is suspended under Subsection
  10-25  (a-1) of this section is not ineligible to receive an occupational
  10-26  license under Section 23A of this Act because of the suspension.
  10-27  In addition, suspension under Subsection (a-1) of this section is
  10-28  not a suspension for physical or mental disability or impairment
  10-29  for purposes of eligibility to apply for an occupational license
  10-30  under Section 23A of this Act.
  10-31        (l)  Except for a conviction for Subsection (a)(6) of this
  10-32  section, any person who has had their license or privilege to
  10-33  operate a motor vehicle automatically suspended is subject to
  10-34  Section 17, Texas Motor Vehicle Safety-Responsibility Act (Article
  10-35  6701h, Vernon's Texas Civil Statutes).
  10-36        SECTION 12.  Section 31, Chapter 173, Acts of the 47th
  10-37  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  10-38  Civil Statutes), is amended to read as follows:
  10-39        Sec. 31.  RIGHT OF APPEAL TO COURTS.  (a)  Any person whose
  10-40  driver's license has been suspended or revoked after an
  10-41  administrative hearing under Section 22(a) of this Act, any person
  10-42  whose license suspension has been probated under Section 22(e) of
  10-43  this Act, and any person denied a license or whose driver's license
  10-44  has been cancelled by the Department, except where such
  10-45  cancellation, suspension, or revocation is automatic under the
  10-46  provisions of this Act or the Texas Commercial Driver's License Act
  10-47  (Article 6687b-2, Revised Statutes), shall have the right to file a
  10-48  petition within thirty (30) days after the date the order of the
  10-49  Department was entered for a hearing in the matter in the County
  10-50  Court at Law in the county wherein such person shall reside, or if
  10-51  there be no County Court at Law therein, then in the county court
  10-52  of said county, and such court is hereby vested with jurisdiction,
  10-53  and it shall be its duty to set the matter for hearing upon thirty
  10-54  (30) days written notice to the Department, and thereupon to take
  10-55  testimony and examine into the facts of the case, and to determine
  10-56  whether the petitioner is entitled to a license or is subject to
  10-57  suspension, cancellation, denial, or revocation of license under
  10-58  the provisions of this Act.  A person who appeals under this
  10-59  section must send a copy of the person's petition, certified by the
  10-60  clerk of the court in which the petition is filed, to the
  10-61  Department by certified mail.  An order of the Department is
  10-62  binding on the person to whom it pertains unless the person appeals
  10-63  the order as provided by this section or unless the person
  10-64  established that a hearing was timely requested, as provided by
  10-65  Section 24(g) of this Act or Section 2(f), Chapter 434, Acts of the
  10-66  61st Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's
  10-67  Texas Civil Statutes), but was not held.  The Department may appeal
  10-68  the ruling of the judge or officer presiding at the hearing by
  10-69  filing a petition in the manner provided by this section.
  10-70        (b)  The trial on appeal as herein provided for shall be a
   11-1  trial de novo and the licensee shall have the right of trial by
   11-2  jury.
   11-3        (c)  The proper filing of a petition of appeal as provided by
   11-4  this section shall abate an order of suspension, probated
   11-5  suspension, revocation, or cancellation until the trial herein
   11-6  provided for shall have been consummated and final judgment thereon
   11-7  is had.
   11-8        SECTION 13.  Section 32(a), Chapter 173, Acts of the 47th
   11-9  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  11-10  Civil Statutes), is amended to read as follows:
  11-11        (a)  Except as provided in Subsection (b) of this section, it
  11-12  is  unlawful for any person to commit any of the following acts:
  11-13              (1)  to display or cause or permit to be displayed or
  11-14  to have in possession any driver's license or certificate knowing
  11-15  the same to be fictitious or to have been cancelled, revoked,
  11-16  suspended, or altered;
  11-17              (2)  to lend or knowingly permit the use of, by one not
  11-18  entitled thereto, any driver's license or certificate issued to the
  11-19  person so lending or permitting the use thereof;
  11-20              (3)  to display or to represent as one's own, any
  11-21  driver's license or certificate not issued to the person so
  11-22  displaying same;
  11-23              (4)  to fail or refuse to surrender to the Department
  11-24  on demand any driver's license or certificate which has been
  11-25  suspended, cancelled, or revoked as provided by law;
  11-26              (5)  to have in one's possession more than one
  11-27  currently valid driver's license or more than one currently valid
  11-28  certificate; or
  11-29              (6)  to use a false or fictitious name or give a false
  11-30  or fictitious address or use a fictitious or counterfeit document
  11-31  in any application for an original, <a> renewal, or duplicate
  11-32  driver's license or certificate, or knowingly to make a false
  11-33  statement or knowingly to conceal a material fact or otherwise
  11-34  commit a fraud in any such application.
  11-35        SECTION 14.  Section 33(a), Chapter 173, Acts of the 47th
  11-36  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  11-37  Civil Statutes), is amended to read as follows:
  11-38        (a)  A person commits an offense if the person knowingly
  11-39  swears to or affirms falsely before a person authorized to take
  11-40  statements under oath any matter, information, or statement
  11-41  required by the Department in an <original> application for an
  11-42  original, renewal, or duplicate <a> driver's license or certificate
  11-43  issued under this Act.
  11-44        SECTION 15.  Section 34(a), Chapter 173, Acts of the 47th
  11-45  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  11-46  Civil Statutes), is amended to read as follows:
  11-47        (a)  A person commits an offense if the person operates a
  11-48  motor vehicle on a highway:
  11-49              (1)  after the person's driver's license has been
  11-50  cancelled under this Act and the person does not have a valid
  11-51  license that was subsequently issued under this Act;
  11-52              (2)  during a period that a suspension or revocation,
  11-53  imposed under this Act or Chapter 434, Acts of the 61st
  11-54  Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
  11-55  Civil Statutes), or Article 42.12, Code of Criminal Procedure, of
  11-56  the person's driver's license or privilege is in effect; or
  11-57              (3)  while the person's driver's license is expired, if
  11-58  the license expired during a period of suspension imposed under
  11-59  this Act or Chapter 434, Acts of the 61st Legislature, Regular
  11-60  Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), or
  11-61  Article 42.12, Code of Criminal Procedure.
  11-62        SECTION 16.  The following are repealed:
  11-63              (1)  Section 24A, Chapter 173, Acts of the 47th
  11-64  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  11-65  Civil Statutes); and
  11-66              (2)  Section 30A, Chapter 173, Acts of the 47th
  11-67  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  11-68  Civil Statutes).
  11-69        SECTION 17.  (a)  This Act takes effect September 1, 1993.
  11-70        (b)  The change in law made by this Act applies only to an
   12-1  offense committed on or after the effective date of this Act.  For
   12-2  purposes of this subsection, an offense was committed before the
   12-3  effective date of this Act if any element of the offense occurred
   12-4  before that date.  An offense committed before the effective date
   12-5  of the Act is covered by the law in effect when the offense was
   12-6  committed, and the former law is continued in effect for that
   12-7  purpose.
   12-8        SECTION 18.  The importance of this legislation and the
   12-9  crowded condition of the calendars in both houses create an
  12-10  emergency and an imperative public necessity that the
  12-11  constitutional rule requiring bills to be read on three several
  12-12  days in each house be suspended, and this rule is hereby suspended.
  12-13                               * * * * *
  12-14                                                         Austin,
  12-15  Texas
  12-16                                                         May 24, 1993
  12-17  Hon. Bob Bullock
  12-18  President of the Senate
  12-19  Sir:
  12-20  We, your Committee on State Affairs to which was referred H.B.
  12-21  No. 1319, have had the same under consideration, and I am
  12-22  instructed to report it back to the Senate with the recommendation
  12-23  that it do pass and be printed.
  12-24                                                         Harris of
  12-25  Dallas, Chairman
  12-26                               * * * * *
  12-27                               WITNESSES
  12-28                                                  FOR   AGAINST  ON
  12-29  ___________________________________________________________________
  12-30  Name:  Helen Stauffer                                          x
  12-31  Representing:  DPS
  12-32  City:  Austin
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