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  -------------------------------------------------------------------