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