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
12-33 -------------------------------------------------------------------