S.B. No. 1
40-1 COMMITTEE AMENDMENT NO. 1
40-2 Amend S.B. 1 as follows:
40-3 (1) On page 6, line 8, before "The", insert "Except as
40-4 provided by this subsection,".
40-5 (2) On page 6, line 8, strike "The" and substitute "the".
40-6 (3) On page 6, line 11, after "this article." insert the
40-7 following: "Provided, that if a criminal charge under Article
40-8 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal Code,
40-9 results in an acquittal, a suspension under this article shall not
40-10 be imposed. If a suspension under this article has already been
40-11 imposed, the department shall rescind the suspension and remove
40-12 references to the suspension from the computerized driving record
40-13 of the individual."
40-14 (4) On page 24, line 8, after "for" insert "not less than".
40-15 (5) On page 24, line 8, strike ", or one year for certain
40-16 repeat offenders".
40-17 (6) On page 24, line 11, after "arrest." insert:
40-18 "The officer shall inform the person that if the person gives
40-19 a specimen designated by the officer, and an analysis of the
40-20 specimen shows the person had an alcohol concentration of a level
40-21 specified in Article 6701l-1, Revised Statutes, the person's
40-22 license, permit, or privilege to operate a motor vehicle will be
40-23 automatically suspended for not less than 60 days, whether or not
40-24 the person is subsequently prosecuted as a result of the arrest."
40-25 (7) On page 24, line 16, after "of" insert "not less than".
40-26 (8) On page 24, line 16, strike ", or one year for certain
40-27 repeat offenders" and substitute "if the person refuses to give the
41-1 specimen, or for a period of not less than 60 days if the person
41-2 gives a specimen designated by the officer, and an analysis of the
41-3 specimen shows the person had an alcohol concentration of a level
41-4 specified in Article 6701l-1(a)(2)(B), Revised Statutes".
41-5 (9) On page 24, line 22, strike "under Subsection (d) of
41-6 this section".
41-7 (10) On page 24, line 24, strike "under Subsection (i) of
41-8 this section" and substitute "as provided by law".
41-9 (11) On page 28, line 7, after the "." insert "The period of
41-10 suspension or prohibition under this Act is 180 days if the
41-11 person's driving record shows one or more previous alcohol-related
41-12 or drug-related enforcement contacts, as defined in Article
41-13 6687b-1, Revised Statutes, Section 1(2)(B) or (C), during the five
41-14 years immediately preceding the date of the person's arrest."
41-15 (12) On page 28, line 9, after "contacts" insert ", as
41-16 defined in Article 6687b-1, Revised Statutes, Section 1(2)(A),".
41-17 (13) On page 30, line 8, strike "on the highway or on a
41-18 public beach" and substitute "in a public place".
41-19 (14) On page 32, line 21, before "The", insert "Except as
41-20 provided by this subsection,".
41-21 (15) On page 32, line 21, strike "The" and substitute "the".
41-22 (16) On page 32, line 25, after "this Act." insert the
41-23 following: "Provided, that if a criminal charge under Article
41-24 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal Code,
41-25 results in an acquittal, a suspension under this article shall not
41-26 be imposed. If a suspension under this article has already been
41-27 imposed, the department shall rescind the suspension and remove
42-1 references to the suspension from the computerized driving record
42-2 of the individual."
42-3 (17) On page 36, line 24, after "vehicle" insert "except as
42-4 provided in Section 5(d), Article 6687b-1, Revised Statutes, or
42-5 Section 2(r), Chapter 434, Acts of the 61st Legislature, Regular
42-6 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes)."
42-7 Place
42-8 COMMITTEE AMENDMENT NO. 2
42-9 Amend S.B. 1 as follows:
42-10 (1) On page 6, line 20, after "(1)" strike "90" and
42-11 substitute "60".
42-12 (2) On page 6, after line 23, and before "(2)" insert "(2)
42-13 120 days if the person's driving record shows one or more
42-14 alcohol-related or drug-related enforcement contacts, as defined in
42-15 Section 1(2)(B) or (C), during the five years immediately preceding
42-16 the date of the person's arrest.
42-17 (3) On page 6, line 24, strike "(2)" and substitute "(3)".
42-18 (4) On page 6, line 25, after "contacts" insert ", as
42-19 defined in Section 1(2)(A),".
42-20 (5) On page 15, strike lines 14-18, and substitute the
42-21 following:
42-22 "SECTION 3. Section 23A, Chapter 173, Acts of the 47th
42-23 Legislature, Regular Session 1941 (Article 6687b, Vernon's Texas
42-24 Civil Statutes), as amended by Chapters 473 and 1127, Acts of the
42-25 70th Legislature, Regular Session, 1987, is amended by amending
42-26 Subsection (f) and by adding Subsection (g), to read as follows:".
42-27 (6) On page 17, strike the sentence beginning on line 4 and
43-1 ending on line 8 "An order . . . Statutes." and substitute "When a
43-2 person's license is suspended under Article 6687b-1, Revised
43-3 Statutes, or Chapter 434, Acts of the 61st Legislature, Regular
43-4 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), and
43-5 the person has not had a prior suspension arising from an
43-6 alcohol-related or drug-related enforcement contact, as defined in
43-7 Article 6687b-1, Revised Statutes, in the five years immediately
43-8 preceding the date of the person's arrest, an order under this
43-9 section granting the person an occupational license to meet an
43-10 essential need shall be immediately effective. Provided, that the
43-11 court shall order the petitioner to comply with the alcohol
43-12 counselling and rehabilitation program requirements contained in
43-13 Subsection (g) of this section."
43-14 (7) On page 17, line 10, after "Section 1" insert "(2)(B) or
43-15 (C)".
43-16 (8) On page 17, line 12, strike "one year" and substitute
43-17 "90 days".
43-18 (9) On page 17, strike the sentences beginning on line 13
43-19 and ending on line 19 "An order . . . Civil Statutes)." and
43-20 substitute "If the person's driver's license has been suspended as
43-21 a result of a conviction under Article 6701l-1, Revised Statutes,
43-22 or under Section 19.05(a)(2), Penal Code, in the five years
43-23 immediately preceding the date of the person's arrest, the order
43-24 may not be effective before 180 days after the effective date of
43-25 the suspension."
43-26 (10) On page 18, after line 14, and before "SECTION 4",
43-27 insert the following:
44-1 "(g) The court granting an occupational license under this
44-2 section to a person whose driver's license has been suspended under
44-3 Article 6687b-1, Revised Statutes, or Chapter 434, Acts of the 61st
44-4 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
44-5 Civil Statutes), shall require the person to attend a program
44-6 approved by the court designed to provide counselling and
44-7 rehabilitation services to persons for alcohol dependence, which
44-8 requirement shall be placed in the order granting the occupational
44-9 license. The program required as a condition of the occupational
44-10 license shall not be the program provided for in Section 24(g),
44-11 Article 6687b, Vernon's Texas Civil Statutes, or in Article 42.12,
44-12 Section 13, Code of Criminal Procedure. The court may require the
44-13 person to report to the court on a periodic basis to verify that
44-14 the person is attending the required program. The court may, upon
44-15 a finding that the person has not complied with the order requiring
44-16 attendance at the program, revoke the order granting the
44-17 occupational license. A certified copy of the order revoking the
44-18 occupational license shall be forwarded to the Department, which
44-19 shall suspend the person's license for a period of 60 days if the
44-20 original suspension was under Article 6687b-1, Revised Statutes,
44-21 or for 120 days if the original suspension was under Chapter 434,
44-22 Acts of the 61st Legislature, Regular Session, 1969 (Article
44-23 6701l-5, Vernon's Texas Civil Statutes). The person shall not be
44-24 eligible for an occupational license during the period of the
44-25 suspension provided for under this subsection. The effective date
44-26 of a suspension under this subsection shall be the date on which
44-27 the order is signed, and such suspension shall be cumulative of the
45-1 original suspension."
45-2 Place
45-3 COMMITTEE AMENDMENT NO. 3
45-4 Amend S.B. 1 as follows:
45-5 (1) On page 2, line 18, strike "6701l-1(a)" and substitute
45-6 "6701l-1(a)(2)(B)".
45-7 (2) On page 3, line 4, strike Subsection (c), and reletter
45-8 the subsequent subsections appropriately, "(d)" to "(c)" and "(e)"
45-9 to "(d)".
45-10 (3) On page 3, line 25, strike "a copy of a temporary
45-11 driver's permit, and a driver's license taken by the officer under
45-12 this section".
45-13 (4) On page 4, line 5, strike "and temporary driving
45-14 permits".
45-15 (5) On page 4, line 13, strike "6701l-1(a)" and substitute
45-16 "6701l-1(a)(2)(B)".
45-17 (6) On page 5, line 2, after "(b)" insert "In the event that
45-18 the officer did not serve notice of suspension of driver's license
45-19 in accordance with Section 5 of this article,".
45-20 (7) On page 5, line 2, strike "The" and substitute "the".
45-21 (8) On page 5, line 5, strike "third" and substitute
45-22 "fifth".
45-23 (9) On page 5, line 16, strike "6701l-1(a)" and substitute
45-24 "6701l-1(a)(2)(B)".
45-25 (10) On page 5, line 23, strike "6701l-1(a)" and substitute
45-26 "6701l-1(a)(2)(B)".
45-27 (11) On page 7, line 11, after "imposed.", insert the
46-1 following:
46-2 "Provided, that the court shall credit toward the period of
46-3 suspension of a person's license required by Section 24, Chapter
46-4 173, Acts of the 47th Legislature, Regular Session, 1941 (Article
46-5 6687b, Vernon's Texas Civil Statutes) or by Section 25, Texas
46-6 Commercial Driver's License Act (Article 6687b-2, Revised
46-7 Statutes), a period of suspension imposed under this article if the
46-8 suspension arose from the same offense for which the court is
46-9 suspending the person's license. The court may not extend the
46-10 credit to a person who has been previously convicted of an offense
46-11 under Article 6701l-1, Revised Statutes, or Section 19.05(a)(2),
46-12 Penal Code."
46-13 (12) On page 7, strike the sentence beginning on line 23 and
46-14 ending on page 8, line 3, "If the person's . . . is not suspended."
46-15 (13) On page 8, line 13, after "section." insert "Provided
46-16 that in counties with a population of 300,000 or more according to
46-17 the most recent federal census, hearings shall be held in the
46-18 county of arrest, unless held as provided in Subsection (c) of this
46-19 section."
46-20 (14) On page 8, line 17, replace the sentence beginning on
46-21 line 17 and ending on line 21 "The issue . . . place." with the
46-22 following sentence:
46-23 "The issue at at hearing is whether, by a preponderance of
46-24 the evidence, the person had an alcohol concentration of a level
46-25 specified in Article 6701l-1(a)(2)(B), Revised Statutes, while
46-26 driving or in actual physical control of a motor vehicle in a
46-27 public place, and reasonable suspicion or probable cause existed to
47-1 stop or arrest the person."
47-2 (15) On page 9, strike the sentence beginning on line 22 and
47-3 ending on page 10, line 3, "If the person's . . . is not
47-4 suspended."
47-5 (16) On page 10, line 5, after "subsection" insert ", unless
47-6 a bona fide medical condition be shown which prevents the person
47-7 from attending the hearing in which case one additional continuance
47-8 may be granted for a period not to exceed 10 days."
47-9 (17) On page 13, line 22, strike "third" and substitute
47-10 "fifth".
47-11 (18) On page 24, line 25, strike "(i)" and substitute "(h)".
47-12 (19) On page 25, line 18, strike Subsection (e), and
47-13 reletter the subsequent subsections appropriately, "(f)" through
47-14 "(w)" to "(e)" through "(v)".
47-15 (20) On page 26, line 23, strike "a copy of a temporary
47-16 driving permit, a driver's license taken by the officer under this
47-17 section,".
47-18 (21) On page 26, line 25, strike "(f)" and substitute "(e)".
47-19 (22) On page 27, line 5, strike "and temporary driving
47-20 permits".
47-21 (23) On page 27, line 11, after "prohibition" insert "In the
47-22 event the officer did not serve notice of suspension at the time of
47-23 refusal,".
47-24 (24) On page 27, line 11, strike "The" and substitute "the".
47-25 (25) On page 27, line 15, strike "third" and substitute
47-26 "fifth".
47-27 (26) On page 28, line 17, strike "(i)" and substitute "(h)".
48-1 (27) On page 28, line 21, strike "(i)" and substitute "(h)".
48-2 (28) On page 29, strike the sentence beginning on line 6 and
48-3 ending on line 12 "If the person's . . . is not suspended".
48-4 (29) On page 29, line 23, strike "(l)" and substitute "(k)".
48-5 (30) On page 29, line 23, after "section." insert "Provided
48-6 that in counties with a population of 300,000 or more according to
48-7 the most recent federal census, hearings shall be held in the
48-8 county of arrest, unless held as provided in Subsection (k) of this
48-9 section."
48-10 (31) On page 30, after line 6, and before "(1)" insert
48-11 "(1) whether reasonable suspicion or probable cause existed to
48-12 stop or arrest the person;" and renumber the subsequent paragraphs
48-13 appropriately, "(1)" to "(2)" and "(2)" to "(3)" and "(3)" to
48-14 "(4)".
48-15 (32) On page 30, line 16, strike "three" and substitute
48-16 "four".
48-17 (33) On page 31, line 10, strike "three" and substitute
48-18 "four".
48-19 (34) On page 31, line 21, strike "(k)" and substitute "(j)".
48-20 (35) On page 32, strike the sentence beginning on line 5 and
48-21 ending on line 10 "If the person's . . . is not suspended."
48-22 (36) On page 32, line 12, after "subsection" insert ",
48-23 unless a bona fide medical condition be shown which prevents the
48-24 person from attending the hearing in which case one additional
48-25 continuance may be granted for a period not to exceed 10 days."
48-26 (37) On page 32, line 13, strike "(k)" and substitute "(j)".
48-27 (38) On page 38, after line 24, and before "SECTION 20.",
49-1 add the following, and renumber the subsequent SECTION
49-2 appropriately:
49-3 "SECTION 20. Notwithstanding any other legislation enacted
49-4 by the 73rd Legislature, Regular Session, the reinstatement fees
49-5 provided for in this Act shall prevail with regard to any
49-6 suspension imposed under this Act."
49-7 Place
49-8 COMMITTEE AMENDMENT NO. 4
49-9 Amend S.B. 1 as follows:
49-10 (1) On page 34, after line 3, and before "SECTION 10."
49-11 insert a new SECTION 10 as follows, and renumber the subsequent
49-12 SECTIONS of the bill appropriately:
49-13 "SECTION 10. Subsections (d) and (f), Section 3, Chapter
49-14 434, Acts of the 61st Legislature, Regular Session, 1969 (Article
49-15 6701l-5, Vernon's Texas Civil Statutes), are amended to read as
49-16 follows:
49-17 (d) The person who gave a specimen of breath, blood, urine,
49-18 or other bodily substances in connection with this Act may, upon
49-19 request and within a reasonable time not to exceed two hours after
49-20 the arrest, have a physician, qualified technician, chemist, or
49-21 registered professional nurse of his own choosing draw a specimen
49-22 and have an analysis made of his blood in addition to any specimen
49-23 taken and analyzed at the direction of a peace officer. Such
49-24 person shall be allowed a reasonable opportunity to contact a
49-25 person listed in this subsection who may draw blood, provided that
49-26 a peace officer or law enforcement agency is not required to
49-27 transport for such testing a person who has requested that a blood
50-1 specimen be drawn under this subsection. The failure or inability
50-2 to obtain an additional specimen or analysis by a person shall not
50-3 preclude the admission of evidence relating to the analysis of the
50-4 specimen taken at the direction of the peace officer under this
50-5 Act. A peace officer, any other person acting for or on behalf of
50-6 the state, or a law enforcement agency shall not be held liable for
50-7 damages arising from the person's request to have a specimen of his
50-8 blood drawn under this subsection.
50-9 (f) If for any reason the person's request to have a
50-10 chemical test is refused by the officer or any other person acting
50-11 for or on behalf of the state, if the person was not provided a
50-12 reasonable opportunity to contact a person listed in Subsection (d)
50-13 who may draw blood, or if reasonable access was not allowed to the
50-14 arrested person for purposes of blood testing by a person listed in
50-15 Subsection (d) who may draw blood, such fact may be introduced into
50-16 evidence on the trial of such person."
50-17 Place
50-18 COMMITTEE AMENDMENT NO. 5
50-19 Amend S.B. 1 as follows:
50-20 (1) On page 10, line 15, after "(h)" insert "Except as
50-21 provided by this subsection,".
50-22 (2) On page 10, line 15, strike "Filing" and substitute
50-23 "filing".
50-24 (3) On page 10, line 15, after "suspension." insert "The
50-25 filing of an appeal petition stays a suspension if the person's
50-26 driver's license has not been suspended as a result of any
50-27 alcohol-related or drug-related enforcement contact, as defined in
51-1 Section 1, Article 6687b-1, Revised Statutes, in the five years
51-2 immediately preceding the date of the person's arrest, and the
51-3 person has not been convicted under Article 6701l-1, Revised
51-4 Statutes, or Section 19.05(a)(2), Penal Code, in the ten years
51-5 immediately preceding the date of the person's arrest, regardless
51-6 of whether the prior alcohol-related or drug-related contact or
51-7 conviction occurred prior to the effective date of this article. A
51-8 stay shall only be effective for a period of 90 days from the
51-9 filing of an appeal petition, and upon the expiration of that
51-10 period the department shall impose the suspension previously
51-11 ordered by the department. No extension of the stay or additional
51-12 stay order may be granted by the department or the court."
51-13 Place
51-14 COMMITTEE AMENDMENT NO. 6
51-15 Amend S.B. 1 as follows:
51-16 (1) On page 6, line 24, after "(2)" strike "one year" and
51-17 substitute "180 days".
51-18 Place