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