By: Zaffirini, et al. S.B. No. 1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the implementation of a statewide administrative
1-2 driver's license revocation program; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 116, Revised Statutes, is amended by adding
1-5 Article 6687b-1 to read as follows:
1-6 Art. 6687b-1. Suspension Based on Administrative
1-7 Determination
1-8 Sec. 1. In this article:
1-9 (1) "Alcohol concentration" has the meaning assigned
1-10 by Article 6701l-1(a), Revised Statutes.
1-11 (2) "Alcohol-related or drug-related enforcement
1-12 contact" means a driver's license suspension, disqualification, or
1-13 prohibition order under the laws of this state or another state
1-14 following:
1-15 (A) conviction of an offense prohibiting the
1-16 operation of a motor vehicle while intoxicated, while under the
1-17 influence of alcohol, or while under the influence of a controlled
1-18 substance;
1-19 (B) a refusal to submit to the taking of a blood
1-20 or breath specimen following an arrest for an offense prohibiting
1-21 the operation of a motor vehicle while intoxicated, while under the
1-22 influence of alcohol, or while under the influence of a controlled
1-23 substance; or
1-24 (C) an analysis of a blood or breath specimen
2-1 showing an alcohol concentration of a level specified in Article
2-2 6701l-1(a), Revised Statutes, following an arrest for an offense
2-3 prohibiting the operation of a motor vehicle while intoxicated.
2-4 (3) "Department" means the Department of Public
2-5 Safety.
2-6 (4) "Director" means the director of the Department of
2-7 Public Safety.
2-8 (5) "Driver's license" has the meaning assigned by
2-9 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
2-10 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).
2-11 (6) "Public place" has the meaning assigned by Section
2-12 1.07(a), Penal Code.
2-13 Sec. 2. (a) If a person arrested for an offense under
2-14 Article 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal
2-15 Code, submits to the taking of a specimen of breath or blood and an
2-16 analysis of the specimen shows the person had an alcohol
2-17 concentration of a level specified in Article 6701l-1(a), Revised
2-18 Statutes, the arresting officer shall serve notice of driver's
2-19 license suspension personally on the arrested person.
2-20 (b) If a person arrested for an offense under Article
2-21 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal Code,
2-22 submits to the taking of a specimen of breath or blood and an
2-23 analysis of the specimen is not returned to the arresting officer
2-24 before the person is admitted to bail, released from custody, or
2-25 committed to jail, the arresting officer shall attempt to serve
2-26 notice of driver's license suspension personally on the arrested
2-27 person.
3-1 (c) When a peace officer serves notice of suspension of a
3-2 driver's license, the officer shall take possession of any driver's
3-3 license issued by this state and held by the person arrested. The
3-4 officer shall issue a temporary driving permit to the person. The
3-5 temporary permit is valid for 40 days after the date of issuance.
3-6 If, however, department records show that the driver's license is
3-7 in a state of suspension or revocation or if the officer determines
3-8 that the person is a resident without a license or permit to
3-9 operate a motor vehicle in this state, a temporary driving permit
3-10 authorized by this subsection may not be issued. If the arrested
3-11 person is not a resident of this state and possesses a valid
3-12 driver's license issued by another jurisdiction, the officer shall
3-13 serve notice of suspension of the person's privilege to operate a
3-14 motor vehicle in this state, but the officer may not take
3-15 possession of the arrested person's driver's license. If the
3-16 person was driving a commercial motor vehicle, as defined in
3-17 Section 3, Texas Commercial Driver's License Act (Article 6687b-2,
3-18 Revised Statutes), a temporary driving permit that authorizes an
3-19 individual to drive a commercial motor vehicle is not effective
3-20 until 24 hours after the time of arrest.
3-21 (d) A copy of the notice of suspension, a copy of a
3-22 temporary driver's permit, and a driver's license taken by the
3-23 officer under this section shall be sent by the officer to the
3-24 department before the end of the fifth business day after the date
3-25 of the arrest.
3-26 (e) The department shall develop forms for notices of
3-27 suspension and temporary driving permits that shall be used by all
4-1 state and local law enforcement agencies.
4-2 Sec. 3. (a) A peace officer who arrests a person for an
4-3 offense under Article 6701l-1, Revised Statutes, or Section
4-4 19.05(a)(2), Penal Code, shall, before the end of the fifth
4-5 business day after the date of the arrest, send the department a
4-6 sworn report of information relevant to the arrest, if analysis of
4-7 the specimen showed an alcohol concentration of a level specified
4-8 in Article 6701l-1(a), Revised Statutes. The report shall identify
4-9 the arrested person, state the officer's grounds for believing the
4-10 person committed the offense, give the analysis of the specimen,
4-11 and include a copy of the criminal complaint filed in the case.
4-12 (b) A report required by this section shall be made on a
4-13 form approved by the department and in the manner specified by the
4-14 department.
4-15 Sec. 4. (a) On receipt of a report of a peace officer under
4-16 this article, if the officer did not serve notice of suspension of
4-17 driver's license at the time of obtaining the results of the
4-18 analysis of the blood or breath specimen, the department, in
4-19 accordance with Section 5 of this article, shall make the
4-20 determination and issue notice of driver's license suspension if
4-21 required.
4-22 (b) The department shall mail, by certified mail, notice of
4-23 suspension to the address of the person, as shown by the records of
4-24 the department, and to the address given in the peace officer's
4-25 report, if different. Notice is presumed received on the third day
4-26 after the day it is mailed.
4-27 (c) A notice of suspension must clearly state the reason and
5-1 statutory grounds for suspension, the effective date of suspension,
5-2 the right of the person to a hearing, how to request a hearing, and
5-3 the time limit within which a request for a hearing must be made.
5-4 If the department does not suspend the person's driver's license,
5-5 the department shall notify the person of its determination and
5-6 shall rescind any notice of suspension served on the person.
5-7 Sec. 5. (a) The department shall suspend the driver's
5-8 license of a person if it determines that the person had an alcohol
5-9 concentration of a level specified in Article 6701l-1(a), Revised
5-10 Statutes, while driving or operating a motor vehicle in a public
5-11 place.
5-12 (b) The department may not suspend the driver's license of a
5-13 person if the analysis of the person's breath or blood, submitted
5-14 at the request of a peace officer, determined that the person had
5-15 an alcohol concentration of a level below that specified in Article
5-16 6701l-1(a), Revised Statutes, at the time of taking the specimen.
5-17 (c) The department shall make the determination based on the
5-18 report of a peace officer submitted under Section 3 of this
5-19 article. The determination is final, unless a hearing is requested
5-20 under Section 7 of this article.
5-21 (d) The determination of the department is a civil matter,
5-22 is independent of and is not an estoppel as to any matter in issue
5-23 in an adjudication of a criminal charge arising from the occurrence
5-24 that is the basis for the suspension, and does not preclude
5-25 litigation of the same or similar facts in a criminal prosecution.
5-26 The disposition of a criminal charge does not affect a driver's
5-27 license suspension under this article and is not an estoppel as to
6-1 any matter in issue in a driver's license suspension proceeding
6-2 under this article.
6-3 Sec. 6. (a) A driver's license suspension under this
6-4 article takes effect on the 40th day after the date on which:
6-5 (1) the person received notice from the officer under
6-6 Section 2 of this article; or
6-7 (2) the person is presumed to have received notice of
6-8 suspension from the department by mail under Section 4 of this
6-9 article.
6-10 (b) A period of suspension under this article is:
6-11 (1) 90 days if the person's driving record shows no
6-12 prior alcohol-related or drug-related enforcement contact during
6-13 the five years immediately preceding the date of the person's
6-14 arrest; or
6-15 (2) one year if the person's driving record shows one
6-16 or more alcohol-related or drug-related enforcement contacts during
6-17 the five years immediately preceding the date of the person's
6-18 arrest.
6-19 (c) If a person's driver's license is suspended under this
6-20 article and the person is also convicted of an offense under
6-21 Article 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal
6-22 Code, arising out of the same occurrence, the license suspensions
6-23 required by this article and by Section 24, Chapter 173, Acts of
6-24 the 47th Legislature, Regular Session, 1941 (Article 6687b,
6-25 Vernon's Texas Civil Statutes), or Section 25, Texas Commercial
6-26 Driver's License Act (Article 6687b-2, Revised Statutes), shall all
6-27 be imposed.
7-1 Sec. 7. (a) A person who receives notice of suspension
7-2 under this article may request a hearing in writing, including
7-3 facsimile transmissions, or by other manner prescribed by the
7-4 department. A request must be received by the department at its
7-5 headquarters in Austin not later than the 15th day after the date
7-6 notice of suspension was given under Section 2 of this article or
7-7 the 15th day after the date the person is presumed to have received
7-8 notice by mail under Section 4 of this article. The department
7-9 shall schedule the hearing. The hearing shall be held before the
7-10 effective date of the suspension. A request for a hearing stays
7-11 suspension of driver's license until the date of the final decision
7-12 of the administrative law judge. If the person's driver's license
7-13 was taken by a peace officer under Section 2 of this article, the
7-14 department shall notify the person before the expiration of the
7-15 temporary permit issued to the person, if the person is otherwise
7-16 eligible, in a manner that will permit the person to establish to a
7-17 peace officer that the person's driver's license is not suspended.
7-18 For the purpose of a hearing, jurisdiction is vested in an
7-19 administrative law judge employed by the chief administrative law
7-20 judge of the State Office of Administrative Hearings.
7-21 (b) A hearing shall be held at a location designated by the
7-22 State Office of Administrative Hearings in the county in which the
7-23 person was alleged to have committed the offense for which the
7-24 person was arrested or at a site designated by the State Office of
7-25 Administrative Hearings no more than 75 miles from the county seat
7-26 of the county of the arrest, except as provided by Subsection (c)
7-27 of this section. A hearing shall be held not less than 10 days
8-1 after the date of notification to the person, unless the parties
8-2 agree to waive this requirement. The State Office of
8-3 Administrative Hearings shall provide for the stenographic or
8-4 electronic recording of all hearings. The issue at a hearing is
8-5 whether, by a preponderance of evidence, the person had an alcohol
8-6 concentration of a level specified in Article 6701l-1(a), Revised
8-7 Statutes, while driving or operating a motor vehicle in a public
8-8 place. If the administrative law judge finds in the affirmative as
8-9 to this issue, the suspension order shall be sustained. If the
8-10 administrative law judge does not find in the affirmative as to
8-11 this issue, the department shall reinstate any license, permit, or
8-12 privilege to operate a motor vehicle and shall rescind an order
8-13 prohibiting the issuance of a license or permit.
8-14 (c) With the consent of the person and the department, the
8-15 administrative law judge may conduct a hearing under Subsection (b)
8-16 of this section by telephone conference call.
8-17 (d) The administrative law judge may not make an affirmative
8-18 finding under this section if the analysis of the person's breath
8-19 or blood, submitted at the request of a peace officer, determined
8-20 that the person had an alcohol concentration of a level below that
8-21 specified in Article 6701l-1(a), Revised Statutes, at the time of
8-22 taking the specimen.
8-23 (e) A person who requests a hearing and fails to appear,
8-24 without just cause, waives the right to a hearing, and the
8-25 department's determination is final.
8-26 (f) Notwithstanding Subsection (a) of this section, if no
8-27 later than five days before the date of a scheduled hearing the
9-1 department has received a request for a continuance from the person
9-2 who has requested a hearing, the department shall reschedule the
9-3 hearing to a date no sooner than the fifth day after the date on
9-4 which the department received the request for the continuance,
9-5 unless otherwise agreed by both parties. A continuance under this
9-6 section stays a suspension of a driver's license until the date of
9-7 the final decision of the administrative law judge. If the
9-8 person's driver's license was taken by a peace officer under
9-9 Section 2 of this article, the department shall notify the person
9-10 before the expiration of the temporary permit issued to the person,
9-11 if the person is otherwise eligible, in a manner that will permit
9-12 the person to establish to a peace officer that the person's
9-13 driver's license is not suspended. A person who has requested a
9-14 hearing under this article may obtain only one continuance under
9-15 this subsection.
9-16 (g) A person whose driver's license has been suspended after
9-17 a hearing under this section may appeal the suspension by filing
9-18 within 30 days after the date that the administrative law judge's
9-19 final determination is issued a petition in a county court at law
9-20 in the county where the person was arrested or, if there is no
9-21 county court at law in the county, in the county court of the
9-22 county. If the county judge is not a licensed attorney, the county
9-23 judge shall transfer the case to a district court for the county on
9-24 the motion of either party or of the judge.
9-25 (h) Filing an appeal petition does not stay a suspension.
9-26 On appeal, review is on the record certified by the State Office of
9-27 Administrative Hearings with no additional testimony except as
10-1 provided by Subsection (j) of this section. Review shall be based
10-2 on the substantial evidence rule.
10-3 (i) A person who appeals under this section must send by
10-4 certified mail a copy of the person's petition, certified by the
10-5 clerk of the court in which the petition is filed, to both the
10-6 department and the State Office of Administrative Hearings at their
10-7 headquarters in Austin. The department's right to appeal is
10-8 limited to issues of law. There is no right to a jury trial in an
10-9 appeal under this section. A district or county attorney may
10-10 represent the department in an appeal.
10-11 (j) On appeal, any party may apply to the court for leave to
10-12 present additional evidence, and the court, if satisfied that the
10-13 additional information is material and that there were good reasons
10-14 for the failure to present it in the hearing before an
10-15 administrative law judge, may order that the additional evidence be
10-16 taken before an administrative law judge on conditions determined
10-17 by the court. An administrative law judge may modify a prior
10-18 determination as to whether the person had an alcohol concentration
10-19 of a level specified in Article 6701l-1(a), Revised Statutes, by
10-20 reason of the additional evidence. The administrative law judge
10-21 shall file the evidence and any modifications. A remand under this
10-22 subsection does not stay the suspension of a driver's license.
10-23 (k) To obtain a transcript of an administrative hearing, a
10-24 party who appeals the determination must apply to the State Office
10-25 of Administrative Hearings. On payment to the State Office of
10-26 Administrative Hearings of a fee not to exceed the actual cost of
10-27 preparing the transcript, that agency shall promptly furnish both
11-1 parties with the transcript.
11-2 (l) A suspension under this article may not be probated.
11-3 (m) In a proceeding under this article, the reliability of
11-4 an instrument used to take or analyze a specimen of a person's
11-5 breath to determine alcohol concentration and the validity of the
11-6 results of the analysis may be attested to by affidavit from the
11-7 certified breath test technical supervisor who is responsible for
11-8 maintaining and directing the operation of breath test instruments
11-9 in compliance with the rules of the department. An affidavit
11-10 submitted under this subsection must contain statements on the
11-11 reliability of the instrument and the analytical results and on
11-12 compliance with state law in the administration of the program. An
11-13 affidavit of an expert witness contesting the reliability of the
11-14 instrument or the results is admissible. Except as provided by
11-15 Subsection (n) of this section, the affidavit may be submitted in
11-16 lieu of an appearance at the hearing by the breath test operator,
11-17 breath test technical supervisor, or expert witness.
11-18 (n) Notwithstanding Subsection (m) of this section, if no
11-19 later than five days before the date of a scheduled hearing the
11-20 department receives from the person who has requested the hearing
11-21 written notice, including facsimile transmissions, requesting the
11-22 presence at the hearing of the person who took the specimen of the
11-23 person's breath to determine alcohol concentration, or the
11-24 certified breath test technical supervisor who was responsible for
11-25 maintaining and directing the operation of the breath test
11-26 instrument used to analyze the specimen of the person's breath, or
11-27 both, each requested person must appear at the hearing. The
12-1 department may reschedule a hearing once at least 48 hours before
12-2 the time of the hearing if a person requested under this section is
12-3 unavailable. In addition, the department may reschedule the
12-4 hearing on a showing of good cause if the requested person is not
12-5 available at the time of the hearing. A suspension order may not
12-6 go into effect pending a final decision of the administrative law
12-7 judge as a result of a continuance granted under this subsection.
12-8 If any person whose presence is timely requested under this
12-9 subsection fails to appear at the hearing, without a showing of
12-10 good cause, an affidavit from that witness is inadmissible.
12-11 (o) A person whose driver's license is suspended under this
12-12 section is subject to Section 34, Chapter 173, Acts of the 47th
12-13 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
12-14 Civil Statutes).
12-15 (p) The Administrative Procedure and Texas Register Act
12-16 (Article 6252-13a, Vernon's Texas Civil Statutes) applies to
12-17 proceedings under this article to the extent not inconsistent with
12-18 this article. The State Office of Administrative Hearings shall
12-19 adopt rules that may conflict with the Administrative Procedure and
12-20 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
12-21 Statutes) as necessary to expedite the hearings process within the
12-22 time limits required by this article and applicable federal funding
12-23 guidelines. Notice required by this section to be given by the
12-24 department may be given telephonically or by other electronic
12-25 means, and written notice shall follow if such means are used.
12-26 Notice by mail is presumed received on the third day after the date
12-27 it is deposited with the United States Postal Service. The
13-1 decision of the administrative law judge is final when issued and
13-2 signed and immediately appealable without the requirement of a
13-3 motion for rehearing.
13-4 Sec. 8. (a) A driver's license suspended under this article
13-5 may not be reinstated and another driver's license may not be
13-6 issued until the person whose driver's license has been suspended
13-7 pays to the department a fee of $100 in addition to any other fee
13-8 required by law.
13-9 (b) If a suspension under this article is rescinded by the
13-10 department, an administrative law judge, or a court, payment of a
13-11 reinstatement fee is not required.
13-12 (c) Fees paid under this section shall be deposited in the
13-13 state treasury to the credit of the operator's and chauffeur's
13-14 license fund and may be appropriated only to the department to
13-15 administer this article and the driver's license suspension
13-16 provisions of Chapter 434, Acts of the 61st Legislature, Regular
13-17 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes).
13-18 Sec. 9. The department and the State Office of
13-19 Administrative Hearings shall adopt rules to administer this
13-20 article.
13-21 SECTION 2. Subsection (e), Section 22, Chapter 173, Acts of
13-22 the 47th Legislature, Regular Session, 1941 (Article 6687b,
13-23 Vernon's Texas Civil Statutes), is amended to read as follows:
13-24 (e) The judge or officer holding a hearing under Subsection
13-25 (a), (b), or (d) of this section, or the court trying an appeal
13-26 under Section 31 of this Act, on determining that the License shall
13-27 be suspended or revoked, may, when it appears to the satisfaction
14-1 of the court that the ends of justice and the best interests of the
14-2 public as well as the defendant will be subserved thereby,
14-3 recommend that the revocation or suspension be probated on terms
14-4 and conditions deemed by the officer or judge to be necessary or
14-5 proper. The report to the department of the results of the hearing
14-6 must include the terms and conditions of such probation. When
14-7 probation is recommended by the judge or officer presiding at a
14-8 hearing, the department shall probate the suspension or revocation.
14-9 <This subsection does not apply to an appeal under Section 31 of
14-10 this Act for suspension of a driver's license or denial of
14-11 operating privileges under Section 2, Chapter 434, Acts of the 61st
14-12 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
14-13 Civil Statutes).>
14-14 SECTION 3. Subsection (f), Section 23A, Chapter 173, Acts of
14-15 the 47th Legislature, Regular Session, 1941 (Article 6687b,
14-16 Vernon's Texas Civil Statutes), as amended by Chapters 473 and
14-17 1127, Acts of the 70th Legislature, Regular Session, 1987, is
14-18 amended to read as follows:
14-19 (f) The judge hearing the petition shall enter an order
14-20 either finding that no essential need exists for the operation of a
14-21 motor vehicle or enter an order finding an essential need for
14-22 operating a motor vehicle. In the event the judge enters the order
14-23 finding an essential need, he shall also, as part of the order,
14-24 determine the actual need of the petitioner in operating a motor
14-25 vehicle. The order shall require the petitioner to give proof of a
14-26 valid policy of automobile liability insurance in accordance with
14-27 the Texas Motor Vehicle Safety-Responsibility Act<, as amended>
15-1 (Article 6701h, Vernon's Texas Civil Statutes). If the person's
15-2 license has been suspended following a conviction under Article
15-3 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal Code, but
15-4 only on conviction of a second or subsequent offense under this
15-5 article or section, the order may restrict the person to the
15-6 operation of a motor vehicle equipped with a device that uses a
15-7 deep-lung breath analysis mechanism to make impractical the
15-8 operation of the motor vehicle if ethyl alcohol is detected in the
15-9 breath of the restricted operator. The defendant shall obtain the
15-10 device at his own cost. Notwithstanding the provisions of this
15-11 section, if a person is required to operate a motor vehicle in the
15-12 course and scope of the person's employment and if the vehicle is
15-13 owned by the employer, the person may operate that vehicle without
15-14 installation of an approved ignition interlock device if the
15-15 employer has been notified of such driving privilege restriction
15-16 and if proof of that notification is with the vehicle. This
15-17 employment exemption does not apply, however, if the business
15-18 entity that owns the vehicle is owned or controlled by the person
15-19 whose driving privilege has been restricted. The order shall be
15-20 definite as to hours of the day, days of the week, specific reasons
15-21 for travel, and areas or routes of travel to be permitted, except
15-22 that the petitioner shall not be allowed to operate a motor vehicle
15-23 more than four (4) hours in any twenty-four (24) consecutive hours.
15-24 On a proper showing of necessity, however, the court may waive the
15-25 four-hour restriction and allow the petitioner to operate a motor
15-26 vehicle for any period determined by the court that does not exceed
15-27 twelve (12) hours in any twenty-four (24) consecutive hours. An
16-1 order may not be effective before the 30th day after the effective
16-2 date of a suspension under Article 6687b-1, Revised Statutes, or a
16-3 suspension for a conviction under Article 6701l-1(b), Revised
16-4 Statutes. If the person's driver's license has been suspended as a
16-5 result of an alcohol-related or drug-related enforcement contact,
16-6 as defined in Section 1, Article 6687b-1, Revised Statutes, in the
16-7 five years immediately preceding the date of the person's arrest,
16-8 the order may not be effective before one year after the effective
16-9 date of the suspension. An order may not be effective before one
16-10 year after the effective date of a suspension for an offense
16-11 punishable under Article 6701l-1(d) or (e), Revised Statutes, or
16-12 under Section 19.05(a)(2), Penal Code. An order may not be
16-13 effective before the 90th day after the effective date of a
16-14 suspension under Chapter 434, Acts of the 61st Legislature, Regular
16-15 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes). An
16-16 order entered by the court shall extend until the end of <for> the
16-17 period of the <original> suspension. A certified copy of the
16-18 petition and the court order setting out the judge's finding and
16-19 the restrictions shall be forwarded to the Department. The
16-20 petitioner may use a copy of the court order as a restricted
16-21 license for thirty (30) days after the date the order is effective
16-22 <entered>. The Department of Public Safety shall promulgate rules
16-23 and regulations for the approval of models and classes of devices
16-24 used under this subsection and Section 25(a) of this Act. The
16-25 Department by rule shall establish standards for the calibration
16-26 and maintenance of devices, but the calibration and maintenance of
16-27 each individual device is the responsibility of the manufacturer of
17-1 that device. If the Department approves a device, the Department
17-2 shall notify the manufacturer in writing of that fact. Written
17-3 notice from the Department to a manufacturer approving a device is
17-4 admissible in any civil or criminal proceeding in this state. The
17-5 manufacturer shall reimburse the Department for any cost incurred
17-6 by the Department in approving a device under this subsection. The
17-7 Department may not be held liable in a civil or criminal proceeding
17-8 arising out of the use of a device approved under this subsection.
17-9 SECTION 4. Section 31, Chapter 173, Acts of the 47th
17-10 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
17-11 Civil Statutes), is amended to read as follows:
17-12 Sec. 31. RIGHT OF APPEAL TO COURTS. (a) Any person whose
17-13 driver's license has been suspended or revoked after an
17-14 administrative hearing under Section 22(a) of this Act, any person
17-15 whose license suspension has been probated under Section 22(e) of
17-16 this Act, and any person denied a license or whose driver's license
17-17 has been cancelled by the Department, except where such
17-18 cancellation, suspension, or revocation is automatic under the
17-19 provisions of this Act, shall have the right to file a petition
17-20 within thirty (30) days after the date the order of the Department
17-21 was entered for a hearing in the matter in the County Court at Law
17-22 in the county wherein such person shall reside, or if there be no
17-23 County Court at Law therein, then in the county court of said
17-24 county, and such court is hereby vested with jurisdiction, and it
17-25 shall be its duty to set the matter for hearing upon thirty (30)
17-26 days written notice to the Department, and thereupon to take
17-27 testimony and examine into the facts of the case, and to determine
18-1 whether the petitioner is entitled to a license or is subject to
18-2 suspension, cancellation, denial, or revocation of license under
18-3 the provisions of this Act. A person who appeals under this
18-4 section must send a copy of the person's petition, certified by the
18-5 clerk of the court in which the petition is filed, to the
18-6 Department by certified mail. An order of the Department is
18-7 binding on the person to whom it pertains unless the person appeals
18-8 the order as provided by this section or unless the person
18-9 establishes that a hearing was timely requested, as provided by
18-10 Section 24(g) of this Act <or Section 2(f), Chapter 434, Acts of
18-11 the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
18-12 Vernon's Texas Civil Statutes)>, but was not held. The Department
18-13 may appeal the ruling of the judge or officer presiding at the
18-14 hearing by filing a petition in the manner provided by this
18-15 section.
18-16 (b) The trial on appeal as herein provided for shall be a
18-17 trial de novo and the licensee shall have the right of trial by
18-18 jury.
18-19 (c) The filing of a petition of appeal as provided by this
18-20 section shall abate an order of suspension, probated suspension,
18-21 revocation, or cancellation until the trial herein provided for
18-22 shall have been consummated and final judgment thereon is had.
18-23 SECTION 5. Subsections (a) and (d), Section 34, Chapter 173,
18-24 Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
18-25 Vernon's Texas Civil Statutes), are amended to read as follows:
18-26 (a) A person commits an offense if the person operates a
18-27 motor vehicle on a highway:
19-1 (1) after the person's driver's license has been
19-2 cancelled under this Act and the person does not have a valid
19-3 license that was subsequently issued under this Act;
19-4 (2) during a period that a suspension or revocation,
19-5 imposed under this Act, <or> Chapter 434, Acts of the 61st
19-6 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
19-7 Civil Statutes), or Article 6687b-1, Revised Statutes, of the
19-8 person's driver's license or privilege is in effect; or
19-9 (3) while the person's driver's license is expired, if
19-10 the license expired during a period of suspension imposed under
19-11 this Act, <or> Chapter 434, Acts of the 61st Legislature, Regular
19-12 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), or
19-13 Article 6687b-1, Revised Statutes.
19-14 (d) Except as provided by Subsection (c) of this section, it
19-15 is an affirmative defense to prosecution of an offense, other than
19-16 an offense listed in Section 24(a) of this Act, that the person had
19-17 not received actual notice of a suspension, revocation,
19-18 cancellation, or prohibition order concerning the person's driver's
19-19 license or privilege to operate a motor vehicle. For purposes of
19-20 this section, actual notice shall be presumed if the notice was
19-21 mailed according to procedures provided by law <sent by certified
19-22 mail to the last known address of the person as shown by the
19-23 records of the Department>.
19-24 SECTION 6. Subsection (l), Section 25, Texas Commercial
19-25 Driver's License Act (Article 6687b-2, Revised Statutes), is
19-26 amended to read as follows:
19-27 (l) A person who is subject to disqualification under this
20-1 article may also have the person's <his> driver's license
20-2 suspended, revoked, canceled, or denied under Chapter 173, Acts of
20-3 the 47th Legislature, Regular Session, 1941 (Article 6687b,
20-4 Vernon's Texas Civil Statutes); Article 6687b-1, Revised
20-5 Statutes;<,> Chapter 434, Acts of the 61st Legislature, Regular
20-6 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes);<,>
20-7 or the Texas Motor Vehicle Safety-Responsibility Act (Article
20-8 6701h, Vernon's Texas Civil Statutes), if the conduct providing
20-9 grounds for disqualification under this article also constitutes a
20-10 ground for suspension, revocation, cancellation, or denial under
20-11 any of those laws.
20-12 SECTION 7. Subsections (e) and (f), Section 27, Texas
20-13 Commercial Driver's License Act (Article 6687b-2, Revised
20-14 Statutes), are amended to read as follows:
20-15 (e) On receipt of the sworn report of a peace officer
20-16 submitted under this section, the department shall disqualify the
20-17 driver from driving a commercial motor vehicle under Section 25 of
20-18 this article. The procedure for notice and disqualification under
20-19 this section is that specified in Section 2<(f)>, Chapter 434, Acts
20-20 of the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
20-21 Vernon's Texas Civil Statutes), or in Article 6687b-1, Revised
20-22 Statutes, except that the department shall disqualify the person
20-23 from driving a commercial motor vehicle for the period of time
20-24 authorized by this article if, in a hearing held under this
20-25 section, the court finds that:
20-26 (1) probable cause existed that the person was driving
20-27 a commercial motor vehicle while having alcohol, a controlled
21-1 substance, or drug in the person's system;
21-2 (2) the person was offered an opportunity to give a
21-3 specimen under the provisions of this article; and
21-4 (3) the person either submitted a specimen that
21-5 disclosed an alcohol concentration of 0.04 or more or refused to
21-6 submit a specimen.
21-7 (f) An appeal of a disqualification under this section is
21-8 subject to Sections 7(g)-(k), Article 6687b-1, Revised Statutes
21-9 <Section 31, Chapter 173, Acts of the 47th Legislature, Regular
21-10 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)>. A
21-11 disqualification under this section may not be probated.
21-12 SECTION 8. Subsections (d) and (e), Article 6701l-1, Revised
21-13 Statutes, are amended to read as follows:
21-14 (d) If it is shown on the trial of an offense under this
21-15 article that the person has previously been convicted one time of
21-16 an offense under this article, the offense is punishable by:
21-17 (1) a fine of not less than $300 or more than $2,000;
21-18 and
21-19 (2) confinement in jail for a term of not less than 15
21-20 days or more than two years, of which not less than 48 hours must
21-21 be served consecutively.
21-22 (e) If it is shown on the trial of an offense under this
21-23 article that the person has previously been convicted two or more
21-24 times of an offense under this article, the offense is punishable
21-25 by:
21-26 (1) a fine of not less than $500 or more than $2,000;
21-27 and
22-1 (2) confinement in jail for a term of not less than 30
22-2 days or more than two years, of which not less than 48 hours must
22-3 be served consecutively, or imprisonment in the state penitentiary
22-4 for a term of not less than 60 days or more than five years.
22-5 SECTION 9. Section 2, Chapter 434, Acts of the 61st
22-6 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
22-7 Civil Statutes), is amended to read as follows:
22-8 Sec. 2. (a) Except as provided by Subsection (i) of Section
22-9 3 of this Act, if a person under arrest refuses, upon the request
22-10 of a peace officer, to give a specimen designated by the peace
22-11 officer as provided in Section 1, none shall be taken.
22-12 (b) Before requesting a person to give a specimen, the
22-13 officer shall inform the person orally and in writing that if the
22-14 person refuses to give the specimen, that refusal may be admissible
22-15 in a subsequent prosecution, and that the person's license, permit,
22-16 or privilege to operate a motor vehicle will be automatically
22-17 suspended for 90 days, or one year for certain repeat offenders
22-18 <after the date of adjournment of the hearing provided for in
22-19 Subsection (f) of this section>, whether or not the person is
22-20 subsequently prosecuted as a result of the arrest. If the officer
22-21 determines that the person is a resident without a license or
22-22 permit to operate a motor vehicle in this state, the officer shall
22-23 inform the person that the <Texas> Department of Public Safety
22-24 shall deny to the person the issuance of a license or permit for a
22-25 period of 90 days, or one year for certain repeat offenders <after
22-26 the date of adjournment of the hearing provided for in Subsection
22-27 (f) of this section>, whether or not the person is subsequently
23-1 prosecuted as a result of the arrest. The officer shall inform the
23-2 person that the person has a right to a hearing on suspension or
23-3 denial if, not later than the 15th <20th> day after the date on
23-4 which the person receives notice of suspension or denial under
23-5 Subsection (d) of this section or the person is presumed to have
23-6 received notice of suspension or denial by mail under Subsection
23-7 (i) of this section <is received>, the department receives, at its
23-8 headquarters in Austin, a written demand, including facsimile
23-9 transmissions, or a demand in another form prescribed by the
23-10 department, that the hearing be held.
23-11 (c) The officer shall provide the person with a written
23-12 statement containing the information required by Subsection (b) of
23-13 this section. If the person refuses the request of the officer to
23-14 give a specimen, the officer shall request the person to sign a
23-15 statement that the officer requested that he give a specimen, that
23-16 he was informed of the consequences of not giving a specimen, and
23-17 that he refused to give a specimen.
23-18 (d) If the person refuses to give a specimen, whether the
23-19 refusal was express or the result of an intentional failure of the
23-20 person to give a specimen as designated by the peace officer, the
23-21 officer before whom the refusal was made shall serve notice of
23-22 driver's license suspension or denial to the person and
23-23 <immediately> make a written report of the refusal to the Director
23-24 of the <Texas> Department of Public Safety.
23-25 (e) When a peace officer serves notice of suspension or
23-26 denial of driver's license, the officer shall take possession of
23-27 any driver's license issued by this state and held by the person
24-1 arrested. The officer shall issue a temporary driving permit to
24-2 the person. A temporary permit is valid for 40 days after the date
24-3 of issuance. If, however, Department of Public Safety records show
24-4 that the driver's license, permit, or privilege to operate a motor
24-5 vehicle is in a state of suspension or revocation, a temporary
24-6 permit authorized by this subsection may not be issued. If the
24-7 arrested person is not a resident of this state and possesses a
24-8 valid driver's license issued by another jurisdiction, the officer
24-9 shall serve notice of suspension of the person's privilege to
24-10 operate a motor vehicle in this state, but the officer may not take
24-11 possession of the arrested person's driver's license. If the
24-12 person was driving a commercial motor vehicle, as defined in
24-13 Section 3, Texas Commercial Driver's License Act (Article 6687b-2,
24-14 Revised Statutes), a temporary driving permit that authorizes an
24-15 individual to drive a commercial motor vehicle is not effective
24-16 until 24 hours after the time of arrest.
24-17 (f) The director shall approve the form of the report. The
24-18 report must show the grounds for the officer's belief that the
24-19 person had been operating a motor vehicle while intoxicated. The
24-20 report must also show that the person refused to give a specimen,
24-21 as evidenced by:
24-22 (1) a written refusal to give a specimen, signed by
24-23 the person; or
24-24 (2) a statement signed by the officer stating that the
24-25 person refused to give a specimen and also refused to sign the
24-26 statement requested by the officer under Subsection (c) of this
24-27 section <article>.
25-1 (g) A copy of the notice of suspension or denial, a copy of
25-2 a temporary driving permit, a driver's license taken by the officer
25-3 under this section, and the refusal report under Subsection (f) of
25-4 this section shall be forwarded by the officer to the department
25-5 before the end of the fifth business day after the date of the
25-6 arrest.
25-7 (h) The department shall develop forms for notices of
25-8 suspension or denial and temporary driving permits that shall be
25-9 used by all state and local law enforcement agencies.
25-10 (i) On receipt of a report of a peace officer under this
25-11 section, if the officer did not serve notice of suspension or
25-12 denial of driver's license at the time of refusal to give a
25-13 specimen, the department shall issue notice to the person of
25-14 driver's license suspension or prohibition. The department shall
25-15 mail notice of suspension or prohibition, by certified mail, to the
25-16 address of the person, as shown by the records of the department,
25-17 and to the address given in the peace officer's report, if
25-18 different. Notice is presumed received on the third day after the
25-19 date it is mailed. A notice of suspension or prohibition must
25-20 clearly state the reason and statutory grounds for and the
25-21 effective date of the action, the right of the person to a hearing,
25-22 how to request a hearing, and the period within which a request for
25-23 a hearing must be received by the department.
25-24 (j) If a person under arrest refuses on the request of a
25-25 peace officer to give a specimen designated by the peace officer as
25-26 provided in this Act, <(f) When the director receives the report,
25-27 the director shall suspend> the person's license, permit, or
26-1 <nonresident> operating privilege shall be suspended for 90 days,
26-2 or, if the person is a resident without a permit to operate a
26-3 motor vehicle in this state, the department shall issue an order
26-4 prohibiting the person from obtaining a license or permit<,> for 90
26-5 days <effective 28 days after the date the person receives notice
26-6 by certified mail or 31 days after the date the director sends
26-7 notice by certified mail, if the person has not accepted delivery
26-8 of the notice>. The period of suspension or prohibition under this
26-9 Act is one year if the person's driving record shows one or more
26-10 previous alcohol-related or drug-related enforcement contacts
26-11 during the five years immediately preceding the date of the
26-12 person's arrest. A suspension or prohibition under this section is
26-13 effective on the 40th day after the date on which the person
26-14 receives from an arresting officer notice of suspension or denial
26-15 under Subsection (d) of this section or the 40th day after the date
26-16 on which the person is considered to have received, from the
26-17 department, notice of suspension or prohibition by mail under
26-18 Subsection (i) of this section.
26-19 (k) If, not later than the 15th <20th> day after the date on
26-20 which the person receives notice of suspension or prohibition under
26-21 Subsection (d) of this section or is presumed to have received
26-22 notice by mail under Subsection (i) of this section <by certified
26-23 mail or the 23rd day after the date the director sent notice by
26-24 certified mail, if the person has not accepted delivery of the
26-25 notice>, the department receives, at its headquarters in Austin, in
26-26 writing or by another manner prescribed by the department, a
26-27 <written> demand that a hearing be held, the State Office of
27-1 Administrative Hearings <department> shall hold a hearing before
27-2 the effective date of the notice of suspension or prohibition. A
27-3 request for a hearing stays the suspension of a driver's license or
27-4 the prohibition on obtaining a driver's license until the date of
27-5 the final decision of the administrative law judge. If the
27-6 person's driver's license was taken by a peace officer under
27-7 Subsection (e) of this section, the department shall notify the
27-8 person before the expiration of the temporary permit issued to the
27-9 person, if the person is otherwise eligible, in a manner that will
27-10 permit the person to establish to a peace officer that the person's
27-11 driver's license is not suspended<, not later than the 10th day
27-12 after the day of receipt of the demand, request a court to set the
27-13 hearing for the earliest possible date>. For the purpose of a
27-14 hearing, jurisdiction is vested in an administrative law judge
27-15 employed by the chief administrative law judge of the State Office
27-16 of Administrative Hearings. A hearing shall be held at a location
27-17 designated by the State Office of Administrative Hearings in the
27-18 county in which the person was alleged to have committed the
27-19 offense for which the person was arrested or at a site designated
27-20 by the State Office of Administrative Hearings no more than 75
27-21 miles from the county seat of the county of the arrest, except as
27-22 provided by Subsection (l) of this section. A hearing shall be
27-23 held not earlier than 10 days after the date of notification to the
27-24 person, unless the parties agree to waive this requirement. The
27-25 State Office of Administrative Hearings shall provide for the
27-26 stenographic or electronic recording of all hearings.
27-27 (l) With the consent of the person and the department, the
28-1 administrative law judge may conduct a hearing under Subsection (b)
28-2 of this section by telephone conference call.
28-3 (m) The issues at a hearing are:
28-4 (1) whether probable cause existed that the person was
28-5 driving or in actual physical control of a motor vehicle on the
28-6 highway or on a public beach while intoxicated;
28-7 (2) whether the person was placed under arrest by the
28-8 officer and was offered an opportunity to give a specimen under
28-9 this Act; and
28-10 (3) whether the person refused to give a specimen on
28-11 request of the officer.
28-12 (n) If the administrative law judge finds in the affirmative
28-13 as to all three issues, the suspension order shall be sustained
28-14 <The hearing shall be set in the same manner as a hearing under
28-15 Section 22(a), Chapter 173, Acts of the 47th Legislature, Regular
28-16 Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
28-17 Statutes). If, upon such hearing the court finds (1) that probable
28-18 cause existed that such person was driving or in actual physical
28-19 control of a motor vehicle on the highway or upon a public beach
28-20 while intoxicated, (2) that the person was placed under arrest by
28-21 the officer and was offered an opportunity to give a specimen under
28-22 the provisions of this Act, and (3) that such person refused to
28-23 give a specimen upon request of the officer, then the Director of
28-24 the Texas Department of Public Safety shall suspend the person's
28-25 license or permit to drive, or any nonresident operating privilege
28-26 for a period of 90 days, as ordered by the court>. If the person
28-27 is a resident without a license or permit to operate a motor
29-1 vehicle in this State, the <Texas> Department of Public Safety
29-2 shall continue to deny to the person the issuance of a license or
29-3 permit for the applicable period provided by this Act <90 days>.
29-4 If the administrative law judge does not find in the affirmative as
29-5 to all three issues <(g) If, after the hearing, the court finds in
29-6 the negative one of the issues required by Subsection (f) of this
29-7 section>, the department <director> shall reinstate any license,
29-8 permit, or privilege to operate a motor vehicle and shall rescind
29-9 any order prohibiting the issuance of a license or permit on the
29-10 basis of the person's refusal to give a specimen under Subsection
29-11 (d) of this section.
29-12 (o) A suspension under this Act may not be probated.
29-13 (p) A person who requests a hearing and fails to appear,
29-14 without good cause, waives the right to a hearing, and the
29-15 department's determination is final.
29-16 (q) Notwithstanding the provisions of Subsection (k) of this
29-17 section, if no later than five days before the date of a scheduled
29-18 hearing the department has received a request for a continuance
29-19 from the person who has requested a hearing, the department shall
29-20 reschedule the hearing to a date no sooner than the fifth day after
29-21 the date on which the department received the request for the
29-22 continuance, unless otherwise agreed by both parties. A
29-23 continuance under this section stays a suspension of a driver's
29-24 license until the date of the final decision of the administrative
29-25 law judge. If the person's driver's license was taken by a peace
29-26 officer under Subsection (e) of this section, the department shall
29-27 notify the person before the expiration of the temporary permit
30-1 issued to the person, if the person is otherwise eligible, in a
30-2 manner that will permit the person to establish to a peace officer
30-3 that the person's driver's license is not suspended. A person who
30-4 has requested a hearing under this article may obtain only one
30-5 continuance under this subsection.
30-6 (r) If a hearing under Subsection (k) of this section is not
30-7 requested, the department's suspension or prohibition is final, and
30-8 the person has no right to appeal the suspension or prohibition.
30-9 (s) The determination of the department or administrative
30-10 law judge is a civil matter, is independent of and is not an
30-11 estoppel as to any matter in issue in an adjudication of a criminal
30-12 charge arising from the occurrence that is the basis for the
30-13 suspension or prohibition, and does not preclude litigation of the
30-14 same or similar facts in a criminal prosecution. The disposition
30-15 of a criminal charge does not affect a driver's license suspension
30-16 or prohibition under this Act and is not an estoppel as to any
30-17 matter in issue in a suspension or prohibition proceeding under
30-18 this Act.
30-19 (t) Administrative hearings under this section are governed
30-20 by Subsections (f)-(k) and Subsection (p) of Section 7, Article
30-21 6687b-1, Revised Statutes.
30-22 (u) <(h)> A written report submitted by an officer under
30-23 Subsection (d) of this section <article> is a governmental record
30-24 for the purposes of Section 37.10, Penal Code.
30-25 (v) <(i)> A person whose license, permit, or privilege is
30-26 suspended under this section, or who is the subject of a
30-27 prohibition order issued under this section, is subject to Section
31-1 34, Chapter 173, Acts of the 47th Legislature, Regular Session,
31-2 1941 (Article 6687b, Vernon's Texas Civil Statutes).
31-3 (w)(1) A driver's license suspended under this Act may not
31-4 be reinstated or a new license issued until the person whose
31-5 driver's license has been suspended pays to the department a fee of
31-6 $100 in addition to any other fee required by law. A person
31-7 subject to a prohibition order issued under this Act may not obtain
31-8 a driver's license after the period of prohibition has ended unless
31-9 the person pays to the department a fee of $100 in addition to any
31-10 other fee required by law.
31-11 (2) If a suspension or prohibition under this Act is
31-12 rescinded by the department, an administrative law judge, or a
31-13 court under this Act, payment of a fee under this subsection is not
31-14 required for reinstatement or issuance of a driver's license.
31-15 (3) Fees paid under this subsection shall be deposited
31-16 in the state treasury to the credit of the operator's and
31-17 chauffeur's license fund and may be appropriated only to the
31-18 department to administer this Act and Article 6687b-1, Revised
31-19 Statutes.
31-20 SECTION 10. Subsection (j), Section 3, Chapter 434, Acts of
31-21 the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
31-22 Vernon's Texas Civil Statutes), is amended by adding Subdivision
31-23 (8) to read as follows:
31-24 (8) "Alcohol-related or drug-related enforcement
31-25 contact" has the meaning assigned by Section 1, Article 6687b-1,
31-26 Revised Statutes.
31-27 SECTION 11. Section 4, Chapter 434, Acts of the 61st
32-1 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
32-2 Civil Statutes), is amended to read as follows:
32-3 Sec. 4. Appeals from all actions of the department,
32-4 following an administrative hearing under this Act, in suspending,
32-5 denying, or refusing to issue a license shall be governed by
32-6 <Chapter 173, Acts of the 47th Legislature, Regular Session, 1941,
32-7 as amended (>Article 6687b-1 <6687b>, Revised <Vernon's Texas
32-8 Civil> Statutes<)>.
32-9 SECTION 12. Chapter 434, Acts of the 61st Legislature,
32-10 Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
32-11 Statutes), is amended by adding Section 4A to read as follows:
32-12 Sec. 4A. The Department of Public Safety and the State
32-13 Office of Administrative Hearings shall adopt rules to administer
32-14 this Act.
32-15 SECTION 13. Subsection (a), Section 21, Administrative
32-16 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
32-17 Civil Statutes), is amended to read as follows:
32-18 (a) This Act does not apply to suspensions, revocations,
32-19 cancellations, denials, or disqualifications of driver's licenses
32-20 or commercial driver's licenses as authorized in Article IV,
32-21 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941,
32-22 as amended (Article 6687b, Vernon's Texas Civil Statutes), the
32-23 Texas Commercial Driver's License Act (Article 6687b-2, Revised
32-24 Statutes), the Texas Motor Vehicle Safety-Responsibility Act
32-25 (Article 6701h, Vernon's Texas Civil Statutes), <Chapter 434, Acts
32-26 of the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
32-27 Vernon's Texas Civil Statutes),> or Section 13 <6f>, Article 42.12,
33-1 Code of Criminal Procedure<, as added by Chapter 427, Acts of the
33-2 69th Legislature, Regular Session, 1985>.
33-3 SECTION 14. Subsection (a), Section 13, Article 42.12, Code
33-4 of Criminal Procedure, is amended to read as follows:
33-5 (a) A court granting probation to a defendant convicted of
33-6 an offense under Article 6701l-1, Revised Statutes, and punished
33-7 under Subsection (d), (e), or (f) of that article shall require as
33-8 a condition of probation that the defendant submit to:
33-9 (1) 72 hours of detention in a jail if the defendant
33-10 was convicted under Subsection (d) of Article 6701l-1, Revised
33-11 Statutes, of which not less than 48 hours must be served
33-12 consecutively, except that in lieu of the requirement of 48
33-13 consecutive hours of detention, the court may require not less than
33-14 80 hours of community service; 10 days of detention in a jail if
33-15 the defendant was convicted under Subsection (e) of Article
33-16 6701l-1, Revised Statutes, of which not less than 48 hours must be
33-17 served consecutively, except that in lieu of the requirement of 48
33-18 consecutive hours of detention, the court may require not less than
33-19 160 hours of community service; or 30 days of detention in a jail
33-20 if the defendant was convicted under Subsection (f) of Article
33-21 6701l-1, Revised Statutes, of which not less than 48 hours must be
33-22 served consecutively, except that in lieu of the requirement of 48
33-23 consecutive hours of detention, the court may require not less than
33-24 360 hours of community service; and
33-25 (2) an evaluation by a probation officer or by a
33-26 person, program, or facility approved by the Texas Commission on
33-27 Alcohol and Drug Abuse for the purpose of having the facility
34-1 prescribe and carry out a course of conduct necessary for the
34-2 rehabilitation of the defendant's drug or alcohol dependence
34-3 condition.
34-4 SECTION 15. Chapter 55, Code of Criminal Procedure, is
34-5 amended by adding Article 55.06 to read as follows:
34-6 Art. 55.06. License Suspensions and Revocations. A person
34-7 may not use the provisions of this chapter to expunge records
34-8 relating to the suspension or revocation of a driver's license,
34-9 permit, or privilege to operate a motor vehicle.
34-10 SECTION 16. The Department of Public Safety shall enter into
34-11 a contract with the State Office of Administrative Hearings to
34-12 carry out the provisions of this Act. The interagency contract
34-13 shall set forth the procedures necessary for the orderly scheduling
34-14 of hearings and other matters requiring cooperation. The agreement
34-15 shall also provide for an interagency transfer of funds to the
34-16 State Office of Administrative Hearings necessary to cover the cost
34-17 to the State Office of Administrative Hearings in carrying out its
34-18 responsibilities. This transfer of funds may be made only from
34-19 amounts appropriated to the department.
34-20 SECTION 17. (a) The changes in law made by this Act for the
34-21 punishment for an offense under Article 6701l-1, Revised Statutes,
34-22 and for the suspension of driver's licenses following a conviction
34-23 for an offense under that article or Section 19.05, Penal Code,
34-24 apply only to an offense committed on or after the effective date
34-25 of this Act. The changes in law relating to the administrative
34-26 suspension of a driver's license and to a suspension for refusal to
34-27 give a specimen of breath or blood apply only to a person who is
35-1 arrested on or after the effective date of this Act.
35-2 (b) For the purposes of this Act, an offense was committed
35-3 before the effective date of this Act if any element of the offense
35-4 occurred before the effective date of this Act. The suspension of
35-5 a driver's license for a reason other than the conviction of an
35-6 offense is controlled by the law in effect when the action that is
35-7 the basis for the suspension occurred. An offense committed before
35-8 the effective date of this Act is covered by the law in effect when
35-9 the offense was committed, and the former law is continued in
35-10 effect for this purpose.
35-11 SECTION 18. The Department of Public Safety shall deliver an
35-12 annual report to the legislature relating to the operation and
35-13 administration of Article 6687b-1, Revised Statutes, as added by
35-14 this Act. The report shall be separate from any other report of
35-15 the Department of Public Safety to the legislature. The report
35-16 shall include statistical information relating to the number of
35-17 driver's licenses suspended under Article 6687b-1, Revised
35-18 Statutes, the number of administrative hearings requested by
35-19 persons whose licenses were suspended, the number of administrative
35-20 hearings conducted under Article 6687b-1, Revised Statutes, by the
35-21 State Office of Administrative Hearings and the results of those
35-22 hearings, the number of judicial appeals of hearings conducted
35-23 under Article 6687b-1, Revised Statutes, and the results of those
35-24 appeals, the number of requests for testimony of breath test
35-25 operators and breath test supervisors and the outcomes of hearings,
35-26 the number of continuances requested by persons subject to license
35-27 suspension hearings, the amount of federal funds received by the
36-1 state as a result of this program, together with recommendations
36-2 concerning the operation or administration of Article 6687b-1,
36-3 Revised Statutes, and other information that demonstrates whether
36-4 the purposes of this Act are being achieved.
36-5 SECTION 19. This Act takes effect January 1, 1995.
36-6 SECTION 20. The importance of this legislation and the
36-7 crowded condition of the calendars in both houses create an
36-8 emergency and an imperative public necessity that the
36-9 constitutional rule requiring bills to be read on three several
36-10 days in each house be suspended, and this rule is hereby suspended.