By:  Brown                                             S.B. No. 326
       73R1060 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the issuance of a driver's license to certain persons
    1-3  convicted of offenses under the Texas Controlled Substances Act.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 42.12, Code of Criminal Procedure, is
    1-6  amended by adding Section 14A to read as follows:
    1-7        Sec. 14A.  (a)  If the court grants probation to a person
    1-8  convicted of an offense under Chapter 481, Health and Safety Code,
    1-9  the court shall require as a condition of probation that the
   1-10  probationer surrender the probationer's driver's license, if any,
   1-11  to the court and that, if the probationer had a currently valid
   1-12  driver's license or qualifies for issuance of a license while on
   1-13  probation, the probationer be issued by the Department of Public
   1-14  Safety a new driver's license that identifies the licensee as a
   1-15  person serving probation under Chapter 481, Health and Safety Code.
   1-16  The condition of probation shall be denoted by making the face of
   1-17  the new license a distinguishing color or by including a clearly
   1-18  visible colored stripe across the face of the license.  The
   1-19  probationer is required to carry a driver's license denoting the
   1-20  condition of probation until the termination of the period of
   1-21  probation.
   1-22        (b)  In this section, "driver's license" has the meaning
   1-23  assigned by Section 1, Chapter 173, Acts of the 47th Legislature,
   1-24  Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
    2-1  Statutes).
    2-2        SECTION 2.  Section 8, Article 42.18, Code of Criminal
    2-3  Procedure, is amended by adding Subsection (o) to read as follows:
    2-4        (o)  In addition to other conditions imposed by a parole
    2-5  panel under this article, if the prisoner was convicted of an
    2-6  offense under Chapter 481, Health and Safety Code, the parole panel
    2-7  shall require as a condition of parole or release to mandatory
    2-8  supervision, that the person surrender the person's driver's
    2-9  license, if any, to the board and that, if the person had a
   2-10  currently valid driver's license or qualifies for issuance of a
   2-11  license while on parole or under mandatory supervision, the person
   2-12  be issued by the Department of Public Safety a new driver's license
   2-13  that identifies the licensee as a person on parole or mandatory
   2-14  supervision from a sentence for an offense under Chapter 481,
   2-15  Health and Safety Code.  The condition of parole or release to
   2-16  mandatory supervision shall be denoted by making the face of the
   2-17  new license a distinguishing color or by including a clearly
   2-18  visible colored stripe across the face of the license.  The person
   2-19  is required to carry a driver's license denoting the condition of
   2-20  parole or release on mandatory supervision until the termination of
   2-21  the period of parole or mandatory supervision.  In this subsection,
   2-22  "driver's license" has the meaning assigned by Section 1, Chapter
   2-23  173, Acts of the 47th Legislature, Regular Session, 1941 (Article
   2-24  6687b, Vernon's Texas Civil Statutes).
   2-25        SECTION 3.  This Act takes effect September 1, 1993, and
   2-26  applies only to persons placed on probation or released on
   2-27  mandatory supervision or parole on or after that date.
    3-1        SECTION 4.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.