1-1 By: Zaffirini, et al. S.B. No. 1
1-2 (In the Senate - Filed January 12, 1993; January 13, 1993,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 5, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0; April 5, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 1 By: Nelson
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the implementation of a statewide administrative
1-26 driver's license revocation program; providing penalties.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Title 116, Revised Statutes, is amended by adding
1-29 Article 6687b-1 to read as follows:
1-30 Art. 6687b-1. Suspension Based on Administrative
1-31 Determination
1-32 Sec. 1. In this article:
1-33 (1) "Alcohol concentration" has the meaning assigned
1-34 by Article 6701l-1(a), Revised Statutes.
1-35 (2) "Alcohol-related or drug-related enforcement
1-36 contact" means a driver's license suspension, disqualification, or
1-37 prohibition order under the laws of this state or another state
1-38 following:
1-39 (A) conviction of an offense prohibiting the
1-40 operation of a motor vehicle while intoxicated, while under the
1-41 influence of alcohol, or while under the influence of a controlled
1-42 substance;
1-43 (B) a refusal to submit to the taking of a blood
1-44 or breath specimen following an arrest for an offense prohibiting
1-45 the operation of a motor vehicle while intoxicated, while under the
1-46 influence of alcohol, or while under the influence of a controlled
1-47 substance; or
1-48 (C) an analysis of a blood or breath specimen
1-49 showing an alcohol concentration of a level specified in Article
1-50 6701l-1(a), Revised Statutes, following an arrest for an offense
1-51 prohibiting the operation of a motor vehicle while intoxicated.
1-52 (3) "Department" means the Department of Public
1-53 Safety.
1-54 (4) "Director" means the director of the Department of
1-55 Public Safety.
1-56 (5) "Driver's license" has the meaning assigned by
1-57 Section 1, Chapter 173, Acts of the 47th Legislature, Regular
1-58 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes).
1-59 (6) "Public place" has the meaning assigned by Section
1-60 1.07(a), Penal Code.
1-61 Sec. 2. (a) If a person arrested for an offense under
1-62 Article 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal
1-63 Code, submits to the taking of a specimen of breath or blood and an
1-64 analysis of the specimen shows the person had an alcohol
1-65 concentration of a level specified in Article 6701l-1(a), Revised
1-66 Statutes, the arresting officer shall serve notice of driver's
1-67 license suspension personally on the arrested person.
1-68 (b) If a person arrested for an offense under Article
2-1 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal Code,
2-2 submits to the taking of a specimen of breath or blood and an
2-3 analysis of the specimen is not returned to the arresting officer
2-4 before the person is admitted to bail, released from custody, or
2-5 committed to jail, the arresting officer shall attempt to serve
2-6 notice of driver's license suspension personally on the arrested
2-7 person.
2-8 (c) When a peace officer serves notice of suspension of a
2-9 driver's license, the officer shall take possession of any driver's
2-10 license issued by this state and held by the person arrested. The
2-11 officer shall issue a temporary driving permit to the person. The
2-12 temporary permit is valid for 40 days after the date of issuance.
2-13 If, however, department records show that the driver's license is
2-14 in a state of suspension or revocation or if the officer determines
2-15 that the person is a resident without a license or permit to
2-16 operate a motor vehicle in this state, a temporary driving permit
2-17 authorized by this subsection may not be issued. If the arrested
2-18 person is not a resident of this state and possesses a valid
2-19 driver's license issued by another jurisdiction, the officer shall
2-20 serve notice of suspension of the person's privilege to operate a
2-21 motor vehicle in this state, but the officer may not take
2-22 possession of the arrested person's driver's license. If the
2-23 person was driving a commercial motor vehicle, as defined in
2-24 Section 3, Texas Commercial Driver's License Act (Article 6687b-2,
2-25 Revised Statutes), a temporary driving permit that authorizes an
2-26 individual to drive a commercial motor vehicle is not effective
2-27 until 24 hours after the time of arrest.
2-28 (d) A copy of the notice of suspension, a copy of a
2-29 temporary driver's permit, and a driver's license taken by the
2-30 officer under this section shall be sent by the officer to the
2-31 department before the end of the fifth business day after the date
2-32 of the arrest.
2-33 (e) The department shall develop forms for notices of
2-34 suspension and temporary driving permits that shall be used by all
2-35 state and local law enforcement agencies.
2-36 Sec. 3. (a) A peace officer who arrests a person for an
2-37 offense under Article 6701l-1, Revised Statutes, or Section
2-38 19.05(a)(2), Penal Code, shall, before the end of the fifth
2-39 business day after the date of the arrest, send the department a
2-40 sworn report of information relevant to the arrest, if analysis of
2-41 the specimen showed an alcohol concentration of a level specified
2-42 in Article 6701l-1(a), Revised Statutes. The report shall identify
2-43 the arrested person, state the officer's grounds for believing the
2-44 person committed the offense, give the analysis of the specimen,
2-45 and include a copy of the criminal complaint filed in the case.
2-46 (b) A report required by this section shall be made on a
2-47 form approved by the department and in the manner specified by the
2-48 department.
2-49 Sec. 4. (a) On receipt of a report of a peace officer under
2-50 this article, if the officer did not serve notice of suspension of
2-51 driver's license at the time of obtaining the results of the
2-52 analysis of the blood or breath specimen, the department, in
2-53 accordance with Section 5 of this article, shall make the
2-54 determination and issue notice of driver's license suspension if
2-55 required.
2-56 (b) The department shall mail, by certified mail, notice of
2-57 suspension to the address of the person, as shown by the records of
2-58 the department, and to the address given in the peace officer's
2-59 report, if different. Notice is presumed received on the third day
2-60 after the day it is mailed.
2-61 (c) A notice of suspension must clearly state the reason and
2-62 statutory grounds for suspension, the effective date of suspension,
2-63 the right of the person to a hearing, how to request a hearing, and
2-64 the time limit within which a request for a hearing must be made.
2-65 If the department does not suspend the person's driver's license,
2-66 the department shall notify the person of its determination and
2-67 shall rescind any notice of suspension served on the person.
2-68 Sec. 5. (a) The department shall suspend the driver's
2-69 license of a person if it determines that the person had an alcohol
2-70 concentration of a level specified in Article 6701l-1(a), Revised
3-1 Statutes, while driving or operating a motor vehicle in a public
3-2 place.
3-3 (b) The department may not suspend the driver's license of a
3-4 person if the analysis of the person's breath or blood, submitted
3-5 at the request of a peace officer, determined that the person had
3-6 an alcohol concentration of a level below that specified in Article
3-7 6701l-1(a), Revised Statutes, at the time of taking the specimen.
3-8 (c) The department shall make the determination based on the
3-9 report of a peace officer submitted under Section 3 of this
3-10 article. The determination is final, unless a hearing is requested
3-11 under Section 7 of this article.
3-12 (d) The determination of the department is a civil matter,
3-13 is independent of and is not an estoppel as to any matter in issue
3-14 in an adjudication of a criminal charge arising from the occurrence
3-15 that is the basis for the suspension, and does not preclude
3-16 litigation of the same or similar facts in a criminal prosecution.
3-17 The disposition of a criminal charge does not affect a driver's
3-18 license suspension under this article and is not an estoppel as to
3-19 any matter in issue in a driver's license suspension proceeding
3-20 under this article.
3-21 Sec. 6. (a) A driver's license suspension under this
3-22 article takes effect on the 40th day after the date on which:
3-23 (1) the person received notice from the officer under
3-24 Section 2 of this article; or
3-25 (2) the person is presumed to have received notice of
3-26 suspension from the department by mail under Section 4 of this
3-27 article.
3-28 (b) A period of suspension under this article is:
3-29 (1) 90 days, if the person's driving record shows no
3-30 prior alcohol-related or drug-related enforcement contact during
3-31 the five years immediately preceding the date of the person's
3-32 arrest; or
3-33 (2) one year, if the person's driving record shows one
3-34 or more alcohol-related or drug-related enforcement contacts during
3-35 the five years immediately preceding the date of the person's
3-36 arrest.
3-37 (c) If a person's driver's license is suspended under this
3-38 article and the person is also convicted of an offense under
3-39 Article 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal
3-40 Code, arising out of the same occurrence, the license suspensions
3-41 required by this article and by Section 24, Chapter 173, Acts of
3-42 the 47th Legislature, Regular Session, 1941 (Article 6687b,
3-43 Vernon's Texas Civil Statutes), or Section 25, Texas Commercial
3-44 Driver's License Act (Article 6687b-2, Revised Statutes), shall all
3-45 be imposed.
3-46 Sec. 7. (a) A person who receives notice of suspension
3-47 under this article may request a hearing in writing, including
3-48 facsimile transmissions, or by other manner prescribed by the
3-49 department. A request must be received by the department at its
3-50 headquarters in Austin not later than the 15th day after the date
3-51 notice of suspension was given under Section 2 of this article or
3-52 the 15th day after the date the person is presumed to have received
3-53 notice by mail under Section 4 of this article. The department
3-54 shall schedule the hearing. The hearing shall be held before the
3-55 effective date of the suspension. A request for a hearing stays
3-56 suspension of driver's license until the date of the final decision
3-57 of the administrative law judge. If the person's driver's license
3-58 was taken by a peace officer under Section 2 of this article, the
3-59 department shall notify the person before the expiration of the
3-60 temporary permit issued to the person, if the person is otherwise
3-61 eligible, in a manner that will permit the person to establish to a
3-62 peace officer that the person's driver's license is not suspended.
3-63 For the purpose of a hearing, jurisdiction is vested in an
3-64 administrative law judge employed by the chief administrative law
3-65 judge of the State Office of Administrative Hearings.
3-66 (b) A hearing shall be held at a location designated by the
3-67 State Office of Administrative Hearings in the county in which the
3-68 person was alleged to have committed the offense for which the
3-69 person was arrested or at a site designated by the State Office of
3-70 Administrative Hearings no more than 75 miles from the county seat
4-1 of the county of the arrest, except as provided by Subsection (c)
4-2 of this section. A hearing shall be held not less than 10 days
4-3 after the date of notification to the person, unless the parties
4-4 agree to waive this requirement. The State Office of
4-5 Administrative Hearings shall provide for the stenographic or
4-6 electronic recording of all hearings. The issue at a hearing is
4-7 whether, by a preponderance of evidence, the person had an alcohol
4-8 concentration of a level specified in Article 6701l-1(a), Revised
4-9 Statutes, while driving or operating a motor vehicle in a public
4-10 place. If the administrative law judge finds in the affirmative as
4-11 to this issue, the suspension order shall be sustained. If the
4-12 administrative law judge does not find in the affirmative as to
4-13 this issue, the department shall reinstate any license, permit, or
4-14 privilege to operate a motor vehicle and shall rescind an order
4-15 prohibiting the issuance of a license or permit.
4-16 (c) With the consent of the person and the department, the
4-17 administrative law judge may conduct a hearing under Subsection (b)
4-18 of this section by telephone conference call.
4-19 (d) The administrative law judge may not make an affirmative
4-20 finding under this section if the analysis of the person's breath
4-21 or blood, submitted at the request of a peace officer, determined
4-22 that the person had an alcohol concentration of a level below that
4-23 specified in Article 6701l-1(a), Revised Statutes, at the time of
4-24 taking the specimen.
4-25 (e) A person who requests a hearing and fails to appear,
4-26 without just cause, waives the right to a hearing, and the
4-27 department's determination is final.
4-28 (f) Notwithstanding Subsection (a) of this section, if no
4-29 later than five days before the date of a scheduled hearing the
4-30 department has received a request for a continuance from the person
4-31 who has requested a hearing, the department shall reschedule the
4-32 hearing to a date no sooner than the fifth day after the date on
4-33 which the department received the request for the continuance,
4-34 unless otherwise agreed by both parties. A continuance under this
4-35 section stays a suspension of a driver's license until the date of
4-36 the final decision of the administrative law judge. If the
4-37 person's driver's license was taken by a peace officer under
4-38 Section 2 of this article, the department shall notify the person
4-39 before the expiration of the temporary permit issued to the person,
4-40 if the person is otherwise eligible, in a manner that will permit
4-41 the person to establish to a peace officer that the person's
4-42 driver's license is not suspended. A person who has requested a
4-43 hearing under this article may obtain only one continuance under
4-44 this subsection.
4-45 (g) A person whose driver's license has been suspended after
4-46 a hearing under this section may appeal the suspension by filing
4-47 within 30 days after the day that the administrative law judge's
4-48 final determination is issued a petition in a county court at law
4-49 in the county where the person was arrested or, if there is no
4-50 county court at law in the county, in the county court of the
4-51 county. If the county judge is not a licensed attorney, the county
4-52 judge shall transfer the case to a district court for the county on
4-53 the motion of either party or of the judge.
4-54 (h) Filing an appeal petition does not stay a suspension.
4-55 On appeal, review is on the record certified by the State Office of
4-56 Administrative Hearings, with no additional testimony except as
4-57 provided by Subsection (j) of this section. Review shall be based
4-58 on the substantial evidence rule.
4-59 (i) A person who appeals under this section must send a copy
4-60 of the person's petition, certified by the clerk of the court in
4-61 which the petition is filed, to both the department and the State
4-62 Office of Administrative Hearings at their headquarters in Austin,
4-63 by certified mail. The department's right to appeal is limited to
4-64 issues of law. There is no right to a jury trial in an appeal
4-65 under this section. A district or county attorney may represent
4-66 the department in an appeal.
4-67 (j) On appeal, any party may apply to the court for leave to
4-68 present additional evidence, and the court, if satisfied that the
4-69 additional information is material and that there were good reasons
4-70 for the failure to present it in the hearing before an
5-1 administrative law judge, may order that the additional evidence be
5-2 taken before an administrative law judge, on conditions determined
5-3 by the court. An administrative law judge may modify a prior
5-4 determination as to whether the person had an alcohol concentration
5-5 of a level specified in Article 6701l-1(a), Revised Statutes, by
5-6 reason of the additional evidence. The administrative law judge
5-7 shall file the evidence and any modifications. A remand under this
5-8 subsection does not stay the suspension of a driver's license.
5-9 (k) To obtain a transcript of an administrative hearing, a
5-10 party who appeals the determination must apply to the State Office
5-11 of Administrative Hearings. On payment to the State Office of
5-12 Administrative Hearings of a fee not to exceed the actual cost of
5-13 preparing the transcript, that agency shall promptly furnish both
5-14 parties with the transcript.
5-15 (l) A suspension under this article may not be probated.
5-16 (m) In a proceeding under this article, the reliability of
5-17 an instrument used to take or analyze a specimen of a person's
5-18 breath to determine alcohol concentration and the validity of the
5-19 results of the analysis may be attested to by affidavit from the
5-20 certified breath test technical supervisor who is responsible for
5-21 maintaining and directing the operation of breath test instruments
5-22 in compliance with the rules of the department. An affidavit
5-23 submitted under this subsection must contain statements on the
5-24 reliability of the instrument and the analytical results and on
5-25 compliance with state law in the administration of the program. An
5-26 affidavit of an expert witness contesting the reliability of the
5-27 instrument or the results is admissible. Except as provided by
5-28 Subsection (n) of this section, the affidavit may be submitted in
5-29 lieu of an appearance at the hearing by the breath test operator,
5-30 breath test technical supervisor, or expert witness.
5-31 (n) Notwithstanding Subsection (m) of this section, if no
5-32 later than five days before the date of a scheduled hearing the
5-33 department receives from the person who has requested the hearing
5-34 written notice, including facsimile transmissions, requesting the
5-35 presence at the hearing of the person who took the specimen of the
5-36 person's breath to determine alcohol concentration, or the
5-37 certified breath test technical supervisor who was responsible for
5-38 maintaining and directing the operation of the breath test
5-39 instrument used to analyze the specimen of the person's breath, or
5-40 both, each requested person must appear at the hearing. The
5-41 department may reschedule a hearing once at least 48 hours before
5-42 the time of the hearing if a person requested under this section is
5-43 unavailable. In addition, the department may reschedule the
5-44 hearing on a showing of good cause if the requested person is not
5-45 available at the time of the hearing. A suspension order may not
5-46 go into effect pending a final decision of the administrative law
5-47 judge as a result of a continuance granted under this subsection.
5-48 If any person whose presence is timely requested under this
5-49 subsection fails to appear at the hearing, without a showing of
5-50 good cause, an affidavit from that witness is inadmissible.
5-51 (o) A person whose driver's license is suspended under this
5-52 section is subject to Section 34, Chapter 173, Acts of the 47th
5-53 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
5-54 Civil Statutes).
5-55 (p) The Administrative Procedure and Texas Register Act
5-56 (Article 6252-13a, Vernon's Texas Civil Statutes) applies to
5-57 proceedings under this article to the extent not inconsistent with
5-58 this article. The State Office of Administrative Hearings shall
5-59 adopt rules that may conflict with the Administrative Procedure and
5-60 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
5-61 Statutes) as necessary to expedite the hearings process within the
5-62 time limits required by this article and applicable federal funding
5-63 guidelines. Notice required by this section to be given by the
5-64 department may be given telephonically or by other electronic
5-65 means, and written notice shall follow if such means are used.
5-66 Notice by mail is presumed received on the third day after the day
5-67 it is deposited with the United States Postal Service. The
5-68 decision of the administrative law judge is final when issued and
5-69 signed and immediately appealable without the requirement of a
5-70 motion for rehearing.
6-1 Sec. 8. The department and the State Office of
6-2 Administrative Hearings shall adopt rules to administer this
6-3 article.
6-4 SECTION 2. Subsection (e), Section 22, Chapter 173, Acts of
6-5 the 47th Legislature, Regular Session, 1941 (Article 6687b,
6-6 Vernon's Texas Civil Statutes), is amended to read as follows:
6-7 (e) The judge or officer holding a hearing under Subsection
6-8 (a), (b), or (d) of this section, or the court trying an appeal
6-9 under Section 31 of this Act, on determining that the License shall
6-10 be suspended or revoked, may, when it appears to the satisfaction
6-11 of the court that the ends of justice and the best interests of the
6-12 public as well as the defendant will be subserved thereby,
6-13 recommend that the revocation or suspension be probated on terms
6-14 and conditions deemed by the officer or judge to be necessary or
6-15 proper. The report to the department of the results of the hearing
6-16 must include the terms and conditions of such probation. When
6-17 probation is recommended by the judge or officer presiding at a
6-18 hearing, the department shall probate the suspension or revocation.
6-19 <This subsection does not apply to an appeal under Section 31 of
6-20 this Act for suspension of a driver's license or denial of
6-21 operating privileges under Section 2, Chapter 434, Acts of the 61st
6-22 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
6-23 Civil Statutes).>
6-24 SECTION 3. Subsection (f), Section 23A, Chapter 173, Acts of
6-25 the 47th Legislature, Regular Session, 1941 (Article 6687b,
6-26 Vernon's Texas Civil Statutes), as amended by Chapters 473 and
6-27 1127, Acts of the 70th Legislature, Regular Session, 1987, is
6-28 amended to read as follows:
6-29 (f) The judge hearing the petition shall enter an order
6-30 either finding that no essential need exists for the operation of a
6-31 motor vehicle or enter an order finding an essential need for
6-32 operating a motor vehicle. In the event the judge enters the order
6-33 finding an essential need, he shall also, as part of the order,
6-34 determine the actual need of the petitioner in operating a motor
6-35 vehicle. The order shall require the petitioner to give proof of a
6-36 valid policy of automobile liability insurance in accordance with
6-37 the Texas Motor Vehicle Safety-Responsibility Act<, as amended>
6-38 (Article 6701h, Vernon's Texas Civil Statutes). If the person's
6-39 license has been suspended following a conviction under Article
6-40 6701l-1, Revised Statutes, or Section 19.05(a)(2), Penal Code, but
6-41 only on conviction of a second or subsequent offense under this
6-42 article or section, the order may restrict the person to the
6-43 operation of a motor vehicle equipped with a device that uses a
6-44 deep-lung breath analysis mechanism to make impractical the
6-45 operation of the motor vehicle if ethyl alcohol is detected in the
6-46 breath of the restricted operator. The defendant shall obtain the
6-47 device at his own cost. Notwithstanding the provisions of this
6-48 section, if a person is required to operate a motor vehicle in the
6-49 course and scope of the person's employment and if the vehicle is
6-50 owned by the employer, the person may operate that vehicle without
6-51 installation of an approved ignition interlock device if the
6-52 employer has been notified of such driving privilege restriction
6-53 and if proof of that notification is with the vehicle. This
6-54 employment exemption does not apply, however, if the business
6-55 entity that owns the vehicle is owned or controlled by the person
6-56 whose driving privilege has been restricted. The order shall be
6-57 definite as to hours of the day, days of the week, specific reasons
6-58 for travel, and areas or routes of travel to be permitted, except
6-59 that the petitioner shall not be allowed to operate a motor vehicle
6-60 more than four (4) hours in any twenty-four (24) consecutive hours.
6-61 On a proper showing of necessity, however, the court may waive the
6-62 four-hour restriction and allow the petitioner to operate a motor
6-63 vehicle for any period determined by the court that does not exceed
6-64 twelve (12) hours in any twenty-four (24) consecutive hours. An
6-65 order may not be effective before the 30th day after the effective
6-66 date of a suspension under Article 6687b-1, Revised Statutes, or a
6-67 suspension for a conviction under Article 6701l-1(b), Revised
6-68 Statutes. If the person's driver's license has been suspended as a
6-69 result of an alcohol-related or drug-related enforcement contact,
6-70 as defined in Section 1, Article 6687b-1, Revised Statutes, in the
7-1 five years immediately preceding the date of the person's arrest,
7-2 the order may not be effective before one year after the effective
7-3 date of the suspension. An order may not be effective before one
7-4 year after the effective date of a suspension for an offense under
7-5 Article 6701l-1(d) or (e), Revised Statutes, or under Section
7-6 19.05(a)(2), Penal Code. An order may not be effective before the
7-7 90th day after the effective date of a suspension under Chapter
7-8 434, Acts of the 61st Legislature, Regular Session, 1969 (Article
7-9 6701l-5, Vernon's Texas Civil Statutes). An order entered by the
7-10 court shall extend until the end of <for> the period of the
7-11 <original> suspension. A certified copy of the petition and the
7-12 court order setting out the judge's finding and the restrictions
7-13 shall be forwarded to the Department. The petitioner may use a
7-14 copy of the court order as a restricted license for thirty (30)
7-15 days after the date the order is effective <entered>. The
7-16 Department of Public Safety shall promulgate rules and regulations
7-17 for the approval of models and classes of devices used under this
7-18 subsection and Section 25(a) of this Act. The Department by rule
7-19 shall establish standards for the calibration and maintenance of
7-20 devices, but the calibration and maintenance of each individual
7-21 device is the responsibility of the manufacturer of that device.
7-22 If the Department approves a device, the Department shall notify
7-23 the manufacturer in writing of that fact. Written notice from the
7-24 Department to a manufacturer approving a device is admissible in
7-25 any civil or criminal proceeding in this state. The manufacturer
7-26 shall reimburse the Department for any cost incurred by the
7-27 Department in approving a device under this subsection. The
7-28 Department may not be held liable in a civil or criminal proceeding
7-29 arising out of the use of a device approved under this subsection.
7-30 SECTION 4. Section 31, Chapter 173, Acts of the 47th
7-31 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
7-32 Civil Statutes), is amended to read as follows:
7-33 Sec. 31. RIGHT OF APPEAL TO COURTS. (a) Any person whose
7-34 driver's license has been suspended or revoked after an
7-35 administrative hearing under Section 22(a) of this Act, any person
7-36 whose license suspension has been probated under Section 22(e) of
7-37 this Act, and any person denied a license or whose driver's license
7-38 has been cancelled by the Department, except where such
7-39 cancellation, suspension, or revocation is automatic under the
7-40 provisions of this Act, shall have the right to file a petition
7-41 within thirty (30) days after the date the order of the Department
7-42 was entered for a hearing in the matter in the County Court at Law
7-43 in the county wherein such person shall reside, or if there be no
7-44 County Court at Law therein, then in the county court of said
7-45 county, and such court is hereby vested with jurisdiction, and it
7-46 shall be its duty to set the matter for hearing upon thirty (30)
7-47 days written notice to the Department, and thereupon to take
7-48 testimony and examine into the facts of the case, and to determine
7-49 whether the petitioner is entitled to a license or is subject to
7-50 suspension, cancellation, denial, or revocation of license under
7-51 the provisions of this Act. A person who appeals under this
7-52 section must send a copy of the person's petition, certified by the
7-53 clerk of the court in which the petition is filed, to the
7-54 Department by certified mail. An order of the Department is
7-55 binding on the person to whom it pertains unless the person appeals
7-56 the order as provided by this section or unless the person
7-57 establishes that a hearing was timely requested, as provided by
7-58 Section 24(g) of this Act <or Section 2(f), Chapter 434, Acts of
7-59 the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
7-60 Vernon's Texas Civil Statutes)>, but was not held. The Department
7-61 may appeal the ruling of the judge or officer presiding at the
7-62 hearing by filing a petition in the manner provided by this
7-63 section.
7-64 (b) The trial on appeal as herein provided for shall be a
7-65 trial de novo and the licensee shall have the right of trial by
7-66 jury.
7-67 (c) The filing of a petition of appeal as provided by this
7-68 section shall abate an order of suspension, probated suspension,
7-69 revocation, or cancellation until the trial herein provided for
7-70 shall have been consummated and final judgment thereon is had.
8-1 SECTION 5. Subsections (a) and (d), Section 34, Chapter 173,
8-2 Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
8-3 Vernon's Texas Civil Statutes), are amended to read as follows:
8-4 (a) A person commits an offense if the person operates a
8-5 motor vehicle on a highway:
8-6 (1) after the person's driver's license has been
8-7 cancelled under this Act and the person does not have a valid
8-8 license that was subsequently issued under this Act;
8-9 (2) during a period that a suspension or revocation,
8-10 imposed under this Act, <or> Chapter 434, Acts of the 61st
8-11 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
8-12 Civil Statutes), or Article 6687b-1, Revised Statutes, of the
8-13 person's driver's license or privilege is in effect; or
8-14 (3) while the person's driver's license is expired, if
8-15 the license expired during a period of suspension imposed under
8-16 this Act, <or> Chapter 434, Acts of the 61st Legislature, Regular
8-17 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), or
8-18 Article 6687b-1, Revised Statutes.
8-19 (d) Except as provided by Subsection (c) of this section, it
8-20 is an affirmative defense to prosecution of an offense, other than
8-21 an offense listed in Section 24(a) of this Act, that the person had
8-22 not received actual notice of a suspension, revocation,
8-23 cancellation, or prohibition order concerning the person's driver's
8-24 license or privilege to operate a motor vehicle. For purposes of
8-25 this section, actual notice shall be presumed if the notice was
8-26 mailed according to procedures provided by law <sent by certified
8-27 mail to the last known address of the person as shown by the
8-28 records of the Department>.
8-29 SECTION 6. Subsection (l), Section 25, Texas Commercial
8-30 Driver's License Act (Article 6687b-2, Revised Statutes), is
8-31 amended to read as follows:
8-32 (l) A person who is subject to disqualification under this
8-33 article may also have the person's <his> driver's license
8-34 suspended, revoked, canceled, or denied under Chapter 173, Acts of
8-35 the 47th Legislature, Regular Session, 1941 (Article 6687b,
8-36 Vernon's Texas Civil Statutes); Article 6687b-1, Revised
8-37 Statutes;<,> Chapter 434, Acts of the 61st Legislature, Regular
8-38 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes);<,>
8-39 or the Texas Motor Vehicle Safety-Responsibility Act (Article
8-40 6701h, Vernon's Texas Civil Statutes), if the conduct providing
8-41 grounds for disqualification under this article also constitutes a
8-42 ground for suspension, revocation, cancellation, or denial under
8-43 any of those laws.
8-44 SECTION 7. Subsections (e) and (f), Section 27, Texas
8-45 Commercial Driver's License Act (Article 6687b-2, Revised
8-46 Statutes), are amended to read as follows:
8-47 (e) On receipt of the sworn report of a peace officer
8-48 submitted under this section, the department shall disqualify the
8-49 driver from driving a commercial motor vehicle under Section 25 of
8-50 this article. The procedure for notice and disqualification under
8-51 this section is that specified in Section 2<(f)>, Chapter 434, Acts
8-52 of the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
8-53 Vernon's Texas Civil Statutes), or in Article 6687b-1, Revised
8-54 Statutes, except that the department shall disqualify the person
8-55 from driving a commercial motor vehicle for the period of time
8-56 authorized by this article if, in a hearing held under this
8-57 section, the court finds that:
8-58 (1) probable cause existed that the person was driving
8-59 a commercial motor vehicle while having alcohol, a controlled
8-60 substance, or drug in the person's system;
8-61 (2) the person was offered an opportunity to give a
8-62 specimen under the provisions of this article; and
8-63 (3) the person either submitted a specimen that
8-64 disclosed an alcohol concentration of 0.04 or more or refused to
8-65 submit a specimen.
8-66 (f) An appeal of a disqualification under this section is
8-67 subject to Sections 7(g)-(k), Article 6687b-1, Revised Statutes
8-68 <Section 31, Chapter 173, Acts of the 47th Legislature, Regular
8-69 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)>. A
8-70 disqualification under this section may not be probated.
9-1 SECTION 8. Subsections (d) and (e), Article 6701l-1, Revised
9-2 Statutes, are amended to read as follows:
9-3 (d) If it is shown on the trial of an offense under this
9-4 article that the person has previously been convicted one time of
9-5 an offense under this article, the offense is punishable by:
9-6 (1) a fine of not less than $300 or more than $2,000;
9-7 and
9-8 (2) confinement in jail for a term of not less than 15
9-9 days or more than two years, of which not less than 48 hours must
9-10 be served consecutively.
9-11 (e) If it is shown on the trial of an offense under this
9-12 article that the person has previously been convicted two or more
9-13 times of an offense under this article, the offense is punishable
9-14 by:
9-15 (1) a fine of not less than $500 or more than $2,000;
9-16 and
9-17 (2) confinement in jail for a term of not less than 30
9-18 days or more than two years, of which not less than 48 hours must
9-19 be served consecutively, or imprisonment in the state penitentiary
9-20 for a term of not less than 60 days or more than five years.
9-21 SECTION 9. Section 2, Chapter 434, Acts of the 61st
9-22 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
9-23 Civil Statutes), is amended to read as follows:
9-24 Sec. 2. (a) Except as provided by Subsection (i) of Section
9-25 3 of this Act, if a person under arrest refuses, upon the request
9-26 of a peace officer, to give a specimen designated by the peace
9-27 officer as provided in Section 1, none shall be taken.
9-28 (b) Before requesting a person to give a specimen, the
9-29 officer shall inform the person orally and in writing that if the
9-30 person refuses to give the specimen, that refusal may be admissible
9-31 in a subsequent prosecution, and that the person's license, permit,
9-32 or privilege to operate a motor vehicle will be automatically
9-33 suspended for 90 days, or one year for certain repeat offenders
9-34 <after the date of adjournment of the hearing provided for in
9-35 Subsection (f) of this section>, whether or not the person is
9-36 subsequently prosecuted as a result of the arrest. If the officer
9-37 determines that the person is a resident without a license or
9-38 permit to operate a motor vehicle in this state, the officer shall
9-39 inform the person that the <Texas> Department of Public Safety
9-40 shall deny to the person the issuance of a license or permit for a
9-41 period of 90 days, or one year for certain repeat offenders <after
9-42 the date of adjournment of the hearing provided for in Subsection
9-43 (f) of this section>, whether or not the person is subsequently
9-44 prosecuted as a result of the arrest. The officer shall inform the
9-45 person that the person has a right to a hearing on suspension or
9-46 denial if, not later than the 15th <20th> day after the date on
9-47 which the person receives notice of suspension or denial under
9-48 Subsection (d) of this section or the person is presumed to have
9-49 received notice of suspension or denial by mail under Subsection
9-50 (i) of this section <is received>, the department receives, at its
9-51 headquarters in Austin, a written demand, including facsimile
9-52 transmissions, or a demand in another form prescribed by the
9-53 department, that the hearing be held.
9-54 (c) The officer shall provide the person with a written
9-55 statement containing the information required by Subsection (b) of
9-56 this section. If the person refuses the request of the officer to
9-57 give a specimen, the officer shall request the person to sign a
9-58 statement that the officer requested that he give a specimen, that
9-59 he was informed of the consequences of not giving a specimen, and
9-60 that he refused to give a specimen.
9-61 (d) If the person refuses to give a specimen, whether the
9-62 refusal was express or the result of an intentional failure of the
9-63 person to give a specimen as designated by the peace officer, the
9-64 officer before whom the refusal was made shall serve notice of
9-65 driver's license suspension or denial to the person and
9-66 <immediately> make a written report of the refusal to the Director
9-67 of the <Texas> Department of Public Safety.
9-68 (e) When a peace officer serves notice of suspension or
9-69 denial of driver's license, the officer shall take possession of
9-70 any driver's license issued by this state and held by the person
10-1 arrested. The officer shall issue a temporary driving permit to
10-2 the person. A temporary permit is valid for 40 days after the date
10-3 of issuance. If, however, Department of Public Safety records show
10-4 that the driver's license, permit, or privilege to operate a motor
10-5 vehicle is in a state of suspension or revocation, a temporary
10-6 permit authorized by this subsection may not be issued. If the
10-7 arrested person is not a resident of this state and possesses a
10-8 valid driver's license issued by another jurisdiction, the officer
10-9 shall serve notice of suspension of the person's privilege to
10-10 operate a motor vehicle in this state, but the officer may not take
10-11 possession of the arrested person's driver's license. If the
10-12 person was driving a commercial motor vehicle, as defined in
10-13 Section 3, Texas Commercial Driver's License Act (Article 6687b-2,
10-14 Revised Statutes), a temporary driving permit that authorizes an
10-15 individual to drive a commercial motor vehicle is not effective
10-16 until 24 hours after the time of arrest.
10-17 (f) The director shall approve the form of the report. The
10-18 report must show the grounds for the officer's belief that the
10-19 person had been operating a motor vehicle while intoxicated. The
10-20 report must also show that the person refused to give a specimen,
10-21 as evidenced by:
10-22 (1) a written refusal to give a specimen, signed by
10-23 the person; or
10-24 (2) a statement signed by the officer stating that the
10-25 person refused to give a specimen and also refused to sign the
10-26 statement requested by the officer under Subsection (c) of this
10-27 section <article>.
10-28 (g) A copy of the notice of suspension or denial, a copy of
10-29 a temporary driving permit, a driver's license taken by the officer
10-30 under this section, and the refusal report under Subsection (f) of
10-31 this section shall be forwarded by the officer to the department
10-32 before the end of the fifth business day after the date of the
10-33 arrest.
10-34 (h) The department shall develop forms for notices of
10-35 suspension or denial and temporary driving permits that shall be
10-36 used by all state and local law enforcement agencies.
10-37 (i) On receipt of a report of a peace officer under this
10-38 section, if the officer did not serve notice of suspension or
10-39 denial of driver's license at the time of refusal to give a
10-40 specimen, the department shall issue notice to the person of
10-41 driver's license suspension or prohibition. The department shall
10-42 mail notice of suspension or prohibition, by certified mail, to the
10-43 address of the person, as shown by the records of the department,
10-44 and to the address given in the peace officer's report, if
10-45 different. Notice is presumed received on the third day after the
10-46 date it is mailed. A notice of suspension or prohibition must
10-47 clearly state the reason and statutory grounds for and the
10-48 effective date of the action, the right of the person to a hearing,
10-49 how to request a hearing, and the period within which a request for
10-50 a hearing must be received by the department.
10-51 (j) If a person under arrest refuses, on the request of a
10-52 peace officer, to give a specimen designated by the peace officer,
10-53 as provided in this Act, <(f) When the director receives the
10-54 report, the director shall suspend> the person's license, permit,
10-55 or <nonresident> operating privilege shall be suspended for 90
10-56 days, or if the person is a resident without a permit to operate a
10-57 motor vehicle in this state, the department shall issue an order
10-58 prohibiting the person from obtaining a license or permit<,> for 90
10-59 days <effective 28 days after the date the person receives notice
10-60 by certified mail or 31 days after the date the director sends
10-61 notice by certified mail, if the person has not accepted delivery
10-62 of the notice>. The period of suspension or prohibition under this
10-63 Act is one year if the person's driving record shows one or more
10-64 previous alcohol-related or drug-related enforcement contacts
10-65 during the five years immediately preceding the date of the
10-66 person's arrest. A suspension or prohibition under this section is
10-67 effective on the 40th day after the date on which the person
10-68 receives from an arresting officer notice of suspension or denial
10-69 under Subsection (d) of this section or the 40th day after the date
10-70 on which the person is considered to have received, from the
11-1 department, notice of suspension or prohibition by mail under
11-2 Subsection (i) of this section.
11-3 (k) If, not later than the 15th <20th> day after the date on
11-4 which the person receives notice of suspension or prohibition under
11-5 Subsection (d) of this section or is presumed to have received
11-6 notice by mail under Subsection (i) of this section <by certified
11-7 mail or the 23rd day after the date the director sent notice by
11-8 certified mail, if the person has not accepted delivery of the
11-9 notice>, the department receives, at its headquarters in Austin, in
11-10 writing or by another manner prescribed by the department, a
11-11 <written> demand that a hearing be held, the State Office of
11-12 Administrative Hearings <department> shall hold a hearing before
11-13 the effective date of the notice of suspension or prohibition. A
11-14 request for a hearing stays the suspension of a driver's license or
11-15 the prohibition on obtaining a driver's license until the date of
11-16 the final decision of the administrative law judge. If the
11-17 person's driver's license was taken by a peace officer under
11-18 Subsection (e) of this section, the department shall notify the
11-19 person before the expiration of the temporary permit issued to the
11-20 person, if the person is otherwise eligible, in a manner that will
11-21 permit the person to establish to a peace officer that the person's
11-22 driver's license is not suspended<, not later than the 10th day
11-23 after the day of receipt of the demand, request a court to set the
11-24 hearing for the earliest possible date>. For the purpose of a
11-25 hearing, jurisdiction is vested in an administrative law judge
11-26 employed by the chief administrative law judge of the State Office
11-27 of Administrative Hearings. A hearing shall be held at a location
11-28 designated by the State Office of Administrative Hearings in the
11-29 county in which the person was alleged to have committed the
11-30 offense for which the person was arrested or at a site designated
11-31 by the State Office of Administrative Hearings no more than 75
11-32 miles from the county seat of the county of the arrest, except as
11-33 provided by Subsection (l) of this section. A hearing shall be
11-34 held not earlier than 10 days after the date of notification to the
11-35 person, unless the parties agree to waive this requirement. The
11-36 State Office of Administrative Hearings shall provide for the
11-37 stenographic or electronic recording of all hearings.
11-38 (l) With the consent of the person and the department, the
11-39 administrative law judge may conduct a hearing under Subsection (b)
11-40 of this section by telephone conference call.
11-41 (m) The issues at a hearing are:
11-42 (1) whether probable cause existed that the person was
11-43 driving or in actual physical control of a motor vehicle on the
11-44 highway or on a public beach while intoxicated;
11-45 (2) whether the person was placed under arrest by the
11-46 officer and was offered an opportunity to give a specimen under
11-47 this Act; and
11-48 (3) whether the person refused to give a specimen on
11-49 request of the officer.
11-50 (n) If the administrative law judge finds in the affirmative
11-51 as to all three issues, the suspension order shall be sustained
11-52 <The hearing shall be set in the same manner as a hearing under
11-53 Section 22(a), Chapter 173, Acts of the 47th Legislature, Regular
11-54 Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
11-55 Statutes). If, upon such hearing the court finds (1) that probable
11-56 cause existed that such person was driving or in actual physical
11-57 control of a motor vehicle on the highway or upon a public beach
11-58 while intoxicated, (2) that the person was placed under arrest by
11-59 the officer and was offered an opportunity to give a specimen under
11-60 the provisions of this Act, and (3) that such person refused to
11-61 give a specimen upon request of the officer, then the Director of
11-62 the Texas Department of Public Safety shall suspend the person's
11-63 license or permit to drive, or any nonresident operating privilege
11-64 for a period of 90 days, as ordered by the court>. If the person
11-65 is a resident without a license or permit to operate a motor
11-66 vehicle in this State, the <Texas> Department of Public Safety
11-67 shall continue to deny to the person the issuance of a license or
11-68 permit for the applicable period provided by this Act <90 days>.
11-69 If the administrative law judge does not find in the affirmative as
11-70 to all three issues <(g) If, after the hearing, the court finds in
12-1 the negative one of the issues required by Subsection (f) of this
12-2 section>, the department <director> shall reinstate any license,
12-3 permit, or privilege to operate a motor vehicle and shall rescind
12-4 any order prohibiting the issuance of a license or permit on the
12-5 basis of the person's refusal to give a specimen under Subsection
12-6 (d) of this section.
12-7 (o) A suspension under this Act may not be probated.
12-8 (p) A person who requests a hearing and fails to appear,
12-9 without good cause, waives the right to a hearing, and the
12-10 department's determination is final.
12-11 (q) Notwithstanding the provisions of Subsection (k) of this
12-12 section, if no later than five days before the date of a scheduled
12-13 hearing the department has received a request for a continuance
12-14 from the person who has requested a hearing, the department shall
12-15 reschedule the hearing to a date no sooner than the fifth day after
12-16 the date on which the department received the request for the
12-17 continuance, unless otherwise agreed by both parties. A
12-18 continuance under this section stays a suspension of a driver's
12-19 license until the date of the final decision of the administrative
12-20 law judge. If the person's driver's license was taken by a peace
12-21 officer under Subsection (e) of this section, the department shall
12-22 notify the person before the expiration of the temporary permit
12-23 issued to the person, if the person is otherwise eligible, in a
12-24 manner that will permit the person to establish to a peace officer
12-25 that the person's driver's license is not suspended. A person who
12-26 has requested a hearing under this article may obtain only one
12-27 continuance under this subsection.
12-28 (r) If a hearing under Subsection (k) of this section is not
12-29 requested, the department's suspension or prohibition is final, and
12-30 the person has no right to appeal the suspension or prohibition.
12-31 (s) The determination of the department or administrative
12-32 law judge is a civil matter, is independent of and is not an
12-33 estoppel as to any matter in issue in an adjudication of a criminal
12-34 charge arising from the occurrence that is the basis for the
12-35 suspension or prohibition, and does not preclude litigation of the
12-36 same or similar facts in a criminal prosecution. The disposition
12-37 of a criminal charge does not affect a driver's license suspension
12-38 or prohibition under this Act and is not an estoppel as to any
12-39 matter in issue in a suspension or prohibition proceeding under
12-40 this Act.
12-41 (t) Administrative hearings under this section are governed
12-42 by Subsections (f)-(k) and Subsection (p) of Section 7, Article
12-43 6687b-1, Revised Statutes.
12-44 (u) <(h)> A written report submitted by an officer under
12-45 Subsection (d) of this section <article> is a governmental record
12-46 for the purposes of Section 37.10, Penal Code.
12-47 (v) <(i)> A person whose license, permit, or privilege is
12-48 suspended under this section, or who is the subject of a
12-49 prohibition order issued under this section, is subject to Section
12-50 34, Chapter 173, Acts of the 47th Legislature, Regular Session,
12-51 1941 (Article 6687b, Vernon's Texas Civil Statutes).
12-52 SECTION 10. Subsection (j), Section 3, Chapter 434, Acts of
12-53 the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
12-54 Vernon's Texas Civil Statutes), is amended by adding Subdivision
12-55 (8) to read as follows:
12-56 (8) "Alcohol-related or drug-related enforcement
12-57 contact" has the meaning assigned by Section 1, Article 6687b-1,
12-58 Revised Statutes.
12-59 SECTION 11. Section 4, Chapter 434, Acts of the 61st
12-60 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
12-61 Civil Statutes), is amended to read as follows:
12-62 Sec. 4. Appeals from all actions of the department,
12-63 following an administrative hearing under this Act, in suspending,
12-64 denying, or refusing to issue a license shall be governed by
12-65 <Chapter 173, Acts of the 47th Legislature, Regular Session, 1941,
12-66 as amended (>Article 6687b-1 <6687b>, Revised <Vernon's Texas
12-67 Civil> Statutes<)>.
12-68 SECTION 12. Chapter 434, Acts of the 61st Legislature,
12-69 Regular Session, 1969 (Article 6701l-5, Vernon's Texas Civil
12-70 Statutes), is amended by adding Section 4A to read as follows:
13-1 Sec. 4A. The Department of Public Safety and the State
13-2 Office of Administrative Hearings shall adopt rules to administer
13-3 this Act.
13-4 SECTION 13. Subsection (a), Section 21, Administrative
13-5 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
13-6 Civil Statutes), is amended to read as follows:
13-7 (a) This Act does not apply to suspensions, revocations,
13-8 cancellations, denials, or disqualifications of driver's licenses
13-9 or commercial driver's licenses as authorized in Article IV,
13-10 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941,
13-11 as amended (Article 6687b, Vernon's Texas Civil Statutes), the
13-12 Texas Commercial Driver's License Act (Article 6687b-2, Revised
13-13 Statutes), the Texas Motor Vehicle Safety-Responsibility Act
13-14 (Article 6701h, Vernon's Texas Civil Statutes), <Chapter 434, Acts
13-15 of the 61st Legislature, Regular Session, 1969 (Article 6701l-5,
13-16 Vernon's Texas Civil Statutes),> or Section 13 <6f>, Article 42.12,
13-17 Code of Criminal Procedure<, as added by Chapter 427, Acts of the
13-18 69th Legislature, Regular Session, 1985>.
13-19 SECTION 14. Subsection (a), Section 13, Article 42.12, Code
13-20 of Criminal Procedure, is amended to read as follows:
13-21 (a) A court granting probation to a defendant convicted of
13-22 an offense under Article 6701l-1, Revised Statutes, and punished
13-23 under Subsection (d), (e), or (f) of that article shall require as
13-24 a condition of probation that the defendant submit to:
13-25 (1) 72 hours of detention in a jail if the defendant
13-26 was convicted under Subsection (d) of Article 6701l-1, Revised
13-27 Statutes, of which not less than 48 hours must be served
13-28 consecutively, except that in lieu of the requirement of 48
13-29 consecutive hours of detention, the court may require not less than
13-30 80 hours of community service; 10 days of detention in a jail if
13-31 the defendant was convicted under Subsection (e) of Article
13-32 6701l-1, Revised Statutes, of which not less than 48 hours must be
13-33 served consecutively, except that in lieu of the requirement of 48
13-34 consecutive hours of detention, the court may require not less than
13-35 160 hours of community service; or 30 days of detention in a jail
13-36 if the defendant was convicted under Subsection (f) of Article
13-37 6701l-1, Revised Statutes, of which not less than 48 hours must be
13-38 served consecutively, except that in lieu of the requirement of 48
13-39 consecutive hours of detention, the court may require not less than
13-40 360 hours of community service; and
13-41 (2) an evaluation by a probation officer or by a
13-42 person, program, or facility approved by the Texas Commission on
13-43 Alcohol and Drug Abuse for the purpose of having the facility
13-44 prescribe and carry out a course of conduct necessary for the
13-45 rehabilitation of the defendant's drug or alcohol dependence
13-46 condition.
13-47 SECTION 15. Chapter 55, Code of Criminal Procedure, is
13-48 amended by adding Article 55.06 to read as follows:
13-49 Art. 55.06. License Suspensions and Revocations. A person
13-50 may not use the provisions of this chapter to expunge records
13-51 relating to the suspension or revocation of a driver's license,
13-52 permit, or privilege to operate a motor vehicle.
13-53 SECTION 16. The Department of Public Safety and the State
13-54 Office of Administrative Hearings shall adopt a joint memorandum of
13-55 understanding to carry out the provisions of this Act. The
13-56 memorandum shall set forth the procedures necessary for the orderly
13-57 scheduling of hearings and other matters requiring cooperation.
13-58 SECTION 17. (a) The changes in law made by this Act for the
13-59 punishment for an offense under Article 6701l-1, Revised Statutes,
13-60 and for the suspension of driver's licenses following a conviction
13-61 for an offense under that article or Section 19.05, Penal Code,
13-62 apply only to an offense committed on or after the effective date
13-63 of this Act. The changes in law relating to the administrative
13-64 suspension of a driver's license and to a suspension for refusal to
13-65 give a specimen of breath or blood apply only to a person who is
13-66 arrested on or after the effective date of this Act.
13-67 (b) For the purposes of this Act, an offense was committed
13-68 before the effective date of this Act if any element of the offense
13-69 occurred before the effective date of this Act. The suspension of
13-70 a driver's license for a reason other than the conviction of an
14-1 offense is controlled by the law in effect when the action that is
14-2 the basis for the suspension occurred. An offense committed before
14-3 the effective date of this Act is covered by the law in effect when
14-4 the offense was committed, and the former law is continued in
14-5 effect for that purpose.
14-6 SECTION 18. The Department of Public Safety shall deliver an
14-7 annual report to the legislature relating to the operation and
14-8 administration of Article 6687b-1, Revised Statutes, as added by
14-9 this Act. The report shall be separate from any other report of
14-10 the Department of Public Safety to the legislature. The report
14-11 shall include statistical information relating to the number of
14-12 driver's licenses suspended under Article 6687b-1, Revised
14-13 Statutes, the number of administrative hearings requested by
14-14 persons whose licenses were suspended, the number of administrative
14-15 hearings conducted under Article 6687b-1, Revised Statutes, by the
14-16 State Office of Administrative Hearings and the results of those
14-17 hearings, the number of judicial appeals of hearings conducted
14-18 under Article 6687b-1, Revised Statutes, and the results of those
14-19 appeals, the number of requests for testimony of breath test
14-20 operators and breath test supervisors and the outcomes of hearings,
14-21 the number of continuances requested by persons subject to license
14-22 suspension hearings, the amount of federal funds received by the
14-23 state as a result of this program, together with recommendations
14-24 concerning the operation or administration of Article 6687b-1,
14-25 Revised Statutes, and other information that demonstrates whether
14-26 the purposes of this Act are being achieved.
14-27 SECTION 19. (a) Sections 1-18 of this Act take effect
14-28 January 1, 1995, but only if the 73rd Legislature appropriates
14-29 money to the Department of Public Safety and to the State Office of
14-30 Administrative Hearings for the enforcement of Article 6687b-1,
14-31 Revised Statutes, as added by this Act. If the 73rd Legislature
14-32 does not appropriate money to those state agencies for the
14-33 enforcement of that article, those sections take effect September
14-34 1, 1995.
14-35 (b) The Legislative Budget Board shall determine whether the
14-36 contingency described by Subsection (a) of this section has been
14-37 met. If the Legislative Budget Board finds that the contingency
14-38 has been met, the board shall notify the Department of Public
14-39 Safety and the State Office of Administrative Hearings and deliver
14-40 a copy of its finding to the secretary of state for publication in
14-41 the Texas Register.
14-42 (c) Notwithstanding Subsection (a) of this section, the
14-43 Department of Public Safety and State Office of Administrative
14-44 Hearings shall adopt rules and forms under this Act before Sections
14-45 1-18 of this Act take effect and take other actions before that
14-46 date necessary to prepare for the taking effect of those sections.
14-47 SECTION 20. The importance of this legislation and the
14-48 crowded condition of the calendars in both houses create an
14-49 emergency and an imperative public necessity that the
14-50 constitutional rule requiring bills to be read on three several
14-51 days in each house be suspended, and this rule is hereby suspended.
14-52 * * * * *
14-53 Austin,
14-54 Texas
14-55 April 5, 1993
14-56 Hon. Bob Bullock
14-57 President of the Senate
14-58 Sir:
14-59 We, your Committee on State Affairs to which was referred S.B. No.
14-60 1, have had the same under consideration, and I am instructed to
14-61 report it back to the Senate with the recommendation that it do not
14-62 pass, but that the Committee Substitute adopted in lieu thereof do
14-63 pass and be printed.
14-64 Harris of
14-65 Dallas, Chairman
14-66 * * * * *
14-67 WITNESSES
14-68 FOR AGAINST ON
14-69 ___________________________________________________________________
14-70 Name: Senator Phil Gramm x
15-1 Representing:
15-2 City: Washington D.C.
15-3 -------------------------------------------------------------------
15-4 Name: Red Duke x
15-5 Representing: Self
15-6 City: Houston
15-7 -------------------------------------------------------------------
15-8 Name: Nikki Garza x
15-9 Representing: MADD
15-10 City: Dallas
15-11 -------------------------------------------------------------------
15-12 Name: David Douglas x x
15-13 Representing: DPS
15-14 City: Austin
15-15 -------------------------------------------------------------------
15-16 Name: Steve Boline x
15-17 Representing: DPS
15-18 City: Austin
15-19 -------------------------------------------------------------------
15-20 Name: Mack Cowan x
15-21 Representing: DPS
15-22 City: Austin
15-23 -------------------------------------------------------------------
15-24 Name: Rhonda Forbes x
15-25 Representing: Texas PTA
15-26 City: Austin
15-27 -------------------------------------------------------------------
15-28 FOR AGAINST ON
15-29 ___________________________________________________________________
15-30 Name: Normand Tremblay x
15-31 Representing: American Automobile Assn
15-32 City: Austin
15-33 -------------------------------------------------------------------
15-34 Name: John Boston x
15-35 Representing: Tx Crim Defense Lawyers Assn
15-36 City: Austin
15-37 -------------------------------------------------------------------
15-38 Name: Lynn Hyatt x
15-39 Representing: Texans for ALR/USAA
15-40 City: San Antonio
15-41 -------------------------------------------------------------------
15-42 Name: Chris Cage x
15-43 Representing: Muscle Mayors
15-44 City: Carrollton
15-45 -------------------------------------------------------------------
15-46 Name: Ronald D. Oliver x
15-47 Representing: Dallas County DWI Task Force
15-48 City: Dallas
15-49 -------------------------------------------------------------------
15-50 Name: Judy Moon x
15-51 Representing: TFWC History Club
15-52 City: Fairfield
15-53 -------------------------------------------------------------------
15-54 Name: Harriette Williford Whatley x
15-55 Representing: Tx Fed of Womens Clubs
15-56 City: Fairfield
15-57 -------------------------------------------------------------------
15-58 Name: Craig Pardue x
15-59 Representing: Dallas County
15-60 City: Dallas
15-61 -------------------------------------------------------------------
15-62 Name: Mary Preas x
15-63 Representing: Tx Fed of Womens Clubs
15-64 City: Cooper
15-65 -------------------------------------------------------------------
15-66 Name: Sabrina Foster x
15-67 Representing: Mayor Bob Lanier, Houston
15-68 City: Houston
15-69 -------------------------------------------------------------------
15-70 Name: Josie Champion x
16-1 Representing: Tx Fed of Womens Clubs
16-2 City: Austin
16-3 -------------------------------------------------------------------
16-4 Name: Michael Chatron x
16-5 Representing: Highway Users Federation
16-6 City: Austin
16-7 -------------------------------------------------------------------
16-8 Name: Ann M. Streetman x
16-9 Representing: Tx Safety Association
16-10 City: Austin
16-11 -------------------------------------------------------------------
16-12 Name: Sgt. Sam Cox x
16-13 Representing: Austin Police Dept
16-14 City: Austin
16-15 -------------------------------------------------------------------
16-16 Name: Edward Strout x
16-17 Representing: Austin EMS DWI Awareness
16-18 City: Austin
16-19 -------------------------------------------------------------------
16-20 Name: Aliceanne Wallace x
16-21 Representing: Tx Fed of Womens Clubs
16-22 City: Belton
16-23 -------------------------------------------------------------------
16-24 Name: Bill Lewis x
16-25 Representing: MADD
16-26 City: Austin
16-27 -------------------------------------------------------------------
16-28 FOR AGAINST ON
16-29 ___________________________________________________________________
16-30 Name: Robert Owen x
16-31 Representing: DPS
16-32 City: Austin
16-33 -------------------------------------------------------------------
16-34 Name: Steve Martin x
16-35 Representing: State Office of Adm Hearings
16-36 City: Austin
16-37 -------------------------------------------------------------------
16-38 Name: Mayor Steve Bartlett x
16-39 Representing: City of Dallas
16-40 City: Dallas
16-41 -------------------------------------------------------------------
16-42 Name: John McKay x
16-43 Representing: Tx DOT
16-44 City: Austin
16-45 -------------------------------------------------------------------
16-46 Name: Rachel De Hoyos x
16-47 Representing: Fort Worth Police Dept
16-48 City: Fort Worth
16-49 -------------------------------------------------------------------
16-50 Name: Bill Holden x
16-51 Representing: U.S. Dept of Trans NHTSA
16-52 City: Washington D.C.
16-53 -------------------------------------------------------------------
16-54 Name: Mary Margaret Roberson x
16-55 Representing: Tx Federation of Women's Club
16-56 City: Dallas
16-57 -------------------------------------------------------------------
16-58 Name: William Hardy x
16-59 Representing: Self
16-60 City: Fort Worth
16-61 -------------------------------------------------------------------
16-62 Name: Jimmy L. Spivey x
16-63 Representing: Dallas Police Dept
16-64 City: Dallas
16-65 -------------------------------------------------------------------
16-66 Name: Tammy Stone x
16-67 Representing: Tx DOT
16-68 City: Austin
16-69 -------------------------------------------------------------------