By: Bivins S.B. No. 371
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the operation of a motor vehicle by certain persons and
1-2 the return of driver's licenses to those persons.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (i), Section 13, Article 42.12, Code
1-5 of Criminal Procedure, is amended to read as follows:
1-6 (i) If a person convicted of an offense under Article
1-7 6701l-1, Revised Statutes, and punished under Subsection (c) of
1-8 that article, or of an offense under <or> Section 19.05(a)(2),
1-9 Penal Code, is placed on probation, the court may require as a
1-10 condition of probation that the defendant not operate a motor
1-11 vehicle unless the vehicle is equipped with a device that uses a
1-12 deep-lung breath analysis mechanism to make impractical the
1-13 operation of the motor vehicle if ethyl alcohol is detected in the
1-14 breath of the operator. If the person is convicted of an offense
1-15 under Article 6701l-1, Revised Statutes, punished under Subsection
1-16 (d) or (e) of that article, and placed on probation, the court
1-17 shall require as a condition of probation that the defendant not
1-18 operate a motor vehicle unless the vehicle is equipped with that
1-19 device. The court shall require the defendant to obtain the device
1-20 at his own cost unless the court finds that to do so would not be
1-21 in the best interest of justice and enters its findings on record.
1-22 The court shall order the device to remain installed on that
1-23 vehicle for a period not less than 50 percent of the supervision
1-24 period. If the court determines the offender is unable to pay for
2-1 the device, the court may impose a reasonable payment schedule not
2-2 to exceed twice the period of the court's order. The Department of
2-3 Public Safety shall approve devices for use under this subsection.
2-4 The provisions of Section 23A(f), Chapter 173, Acts of the 47th
2-5 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-6 Civil Statutes), apply to the approval of a device under this
2-7 subsection and the consequences of that approval. Notwithstanding
2-8 the provisions of this section, if a person is required to operate
2-9 a motor vehicle in the course and scope of the person's employment
2-10 and if the vehicle is owned by the employer, the person may operate
2-11 that vehicle without installation of an approved ignition interlock
2-12 device if the employer has been notified of that driving privilege
2-13 restriction and if proof of that notification is with the vehicle.
2-14 This employment exemption does not apply, however, if the business
2-15 entity that owns the vehicle is owned or controlled by the person
2-16 whose driving privilege has been restricted.
2-17 SECTION 2. Subsection (f), Section 23A, Chapter 173, Acts of
2-18 the 47th Legislature, Regular Session, 1941 (Article 6687b,
2-19 Vernon's Texas Civil Statutes), as amended by Chapters 473 and
2-20 1127, Acts of the 70th Legislature, Regular Session, 1987, is
2-21 amended to read as follows:
2-22 (f) The judge hearing the petition shall enter an order
2-23 either finding that no essential need exists for the operation of a
2-24 motor vehicle or enter an order finding an essential need for
2-25 operating a motor vehicle. In the event the judge enters the order
2-26 finding an essential need, he shall also, as part of the order,
2-27 determine the actual need of the petitioner in operating a motor
3-1 vehicle. The order shall require the petitioner to give proof of a
3-2 valid policy of automobile liability insurance in accordance with
3-3 the Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
3-4 Vernon's Texas Civil Statutes). If the person's license has been
3-5 suspended following a conviction under <Article 6701l-1, Revised
3-6 Statutes, or> Section 19.05(a)(2), Penal Code, but only on
3-7 conviction of a second or subsequent offense under that <this
3-8 article or> section, the order shall <may> restrict the person to
3-9 the operation of a motor vehicle equipped with a device that uses a
3-10 deep-lung breath analysis mechanism to make impractical the
3-11 operation of the motor vehicle if ethyl alcohol is detected in the
3-12 breath of the restricted operator. If the person's license has
3-13 been suspended following a conviction of a second or subsequent
3-14 offense under Article 6701l-1, Revised Statutes, the order shall
3-15 restrict the person to the operation of a motor vehicle equipped
3-16 with that device. The defendant shall obtain the device at his own
3-17 cost unless the court finds that to do so would not be in the best
3-18 interest of justice and enters its findings on record. The court
3-19 shall order the device to remain installed on that vehicle for a
3-20 period not less than 50 percent of the supervision period. If the
3-21 court determines the offender is unable to pay for the device, the
3-22 court may impose a reasonable payment schedule not to exceed twice
3-23 the period of the court's order. Notwithstanding the provisions of
3-24 this section, if a person is required to operate a motor vehicle in
3-25 the course and scope of the person's employment and if the vehicle
3-26 is owned by the employer, the person may operate that vehicle
3-27 without installation of an approved ignition interlock device if
4-1 the employer has been notified of such driving privilege
4-2 restriction and if proof of that notification is with the vehicle.
4-3 This employment exemption does not apply, however, if the business
4-4 entity that owns the vehicle is owned or controlled by the person
4-5 whose driving privilege has been restricted. The order shall be
4-6 definite as to hours of the day, days of the week, specific reasons
4-7 for travel, and areas or routes of travel to be permitted, except
4-8 that the petitioner shall not be allowed to operate a motor vehicle
4-9 more than four (4) hours in any twenty-four (24) consecutive hours.
4-10 On a proper showing of necessity, however, the court may waive the
4-11 four-hour restriction and allow the petitioner to operate a motor
4-12 vehicle for any period determined by the court that does not exceed
4-13 twelve (12) hours in any twenty-four (24) consecutive hours. An
4-14 order entered by the court shall extend for the period of the
4-15 original suspension. A certified copy of the petition and the
4-16 court order setting out the judge's finding and the restrictions
4-17 shall be forwarded to the Department. The petitioner may use a
4-18 copy of the court order as a restricted license for thirty (30)
4-19 days after the date the order is entered. The Department of Public
4-20 Safety shall promulgate rules and regulations for the approval of
4-21 models and classes of devices used under this subsection and
4-22 Section 25(a) of this Act. The Department by rule shall establish
4-23 standards for the calibration and maintenance of devices, but the
4-24 calibration and maintenance of each individual device is the
4-25 responsibility of the manufacturer of that device. If the
4-26 Department approves a device, the Department shall notify the
4-27 manufacturer in writing of that fact. Written notice from the
5-1 Department to a manufacturer approving a device is admissible in
5-2 any civil or criminal proceeding in this state. The manufacturer
5-3 shall reimburse the Department for any cost incurred by the
5-4 Department in approving a device under this subsection. The
5-5 Department may not be held liable in a civil or criminal proceeding
5-6 arising out of the use of a device approved under this subsection.
5-7 SECTION 3. Section 23, Chapter 173, Acts of the 47th
5-8 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
5-9 Civil Statutes), is amended by amending Subsection (c) and adding
5-10 Subsection (d) to read as follows:
5-11 (c) The Department may not reinstate a license suspended
5-12 under Section 22(b)(16) of this Act until<:>
5-13 <(1)> the court that filed the report for which the
5-14 license was suspended files an additional report on final
5-15 disposition of the case<; and>
5-16 <(2) the person whose license has been suspended pays
5-17 to the Department a fee of $25 in addition to any other fees
5-18 required by law>.
5-19 (d) The Department may not reinstate a license suspended or
5-20 revoked under Section 22 of this Act unless the person whose
5-21 license was suspended or revoked makes application to the
5-22 Department for reinstatement of the person's license and pays to
5-23 the Department a reinstatement fee of $50. The Department shall
5-24 remit all fees collected under this subsection to the comptroller
5-25 for deposit in the general revenue fund.
5-26 SECTION 4. Section 26, Chapter 173, Acts of the 47th
5-27 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
6-1 Civil Statutes), is amended to read as follows:
6-2 Sec. 26. SURRENDER AND RETURN OF LICENSE. The <(a) Except
6-3 as limited by Subsection (b) of this section, the> Department, upon
6-4 suspending or revoking a license, shall require that such license
6-5 shall be surrendered to and be retained by the Department except
6-6 that at the end of the period of suspension of such license, the
6-7 license so surrendered shall be returned to the licensee.
6-8 <(b) The Department may not return a license or reinstate a
6-9 privilege to operate a motor vehicle suspended under Section
6-10 24(a-1) of this Act, unless the person whose license or privilege
6-11 was suspended makes application to the Department for reinstatement
6-12 of the person's license or privilege and, in addition to any other
6-13 fee required by law, pays to the Department a reinstatement fee of
6-14 Five Dollars ($5.00).>
6-15 <(c) Fees paid under this section shall be deposited in the
6-16 state treasury to the credit of the Operator's and Chauffeur's
6-17 License Fund and shall be appropriated only to the Department to
6-18 administer the provisions of this Act.>
6-19 SECTION 5. Section 2, Chapter 434, Acts of the 61st
6-20 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
6-21 Civil Statutes), is amended by adding Subsection (j) to read as
6-22 follows:
6-23 (j) The Texas Department of Public Safety may not reinstate
6-24 a license suspended under this section unless the person whose
6-25 license was suspended makes application to the Texas Department of
6-26 Public Safety for reinstatement of the person's license and pays to
6-27 the Texas Department of Public Safety a reinstatement fee of $50.
7-1 The Texas Department of Public Safety shall remit all fees
7-2 collected under this subsection to the comptroller for deposit in
7-3 the general revenue fund.
7-4 SECTION 6. Subsection (h), Section 13, Article 42.12, Code
7-5 of Criminal Procedure, is amended to read as follows:
7-6 (h) If a person convicted of an offense under Article
7-7 6701l-1, Revised Statutes, is punished under Subsection (c) of that
7-8 article and is placed on probation, the court shall require, as a
7-9 condition of the probation, that the defendant attend and
7-10 successfully complete before the 181st day after the day probation
7-11 is granted an educational program jointly approved by the Texas
7-12 Commission on Alcohol and Drug Abuse, the Department of Public
7-13 Safety, the Traffic Safety Section of the Texas Department of
7-14 <State Department of Highways and Public> Transportation, and the
7-15 community justice assistance division of the Texas Department of
7-16 Criminal Justice <Texas Adult Probation Commission> designed to
7-17 rehabilitate persons who have driven while intoxicated. The Texas
7-18 Commission on Alcohol and Drug Abuse shall publish the jointly
7-19 approved rules and shall monitor, coordinate, and provide training
7-20 to persons providing the educational programs. The Texas
7-21 Commission on Alcohol and Drug Abuse is responsible for the
7-22 administration of the certification of approved educational
7-23 programs and may charge a nonrefundable application fee for the
7-24 initial certification of approval and for renewal of a certificate.
7-25 The judge may waive the educational program requirement, however,
7-26 if the defendant by a motion in writing shows good cause. In
7-27 determining good cause, the judge may consider but is not limited
8-1 to: the offender's school and work schedule, the offender's
8-2 health, the distance that the offender must travel to attend an
8-3 educational program, and the fact that the offender resides out of
8-4 state, has no valid driver's license, or does not have access to
8-5 transportation. The judge shall set out the finding of good cause
8-6 in the judgment. If a person is required, as a condition of
8-7 probation, to attend an educational program, the court clerk shall
8-8 immediately report that fact to the Department of Public Safety, on
8-9 a form prescribed by the department, for inclusion in the person's
8-10 driving record. The report must include the beginning date of the
8-11 person's probation. Upon the successful completion of the
8-12 educational program, the person shall give notice to the probation
8-13 department. The probation department shall then forward the notice
8-14 to the court clerk. The court clerk shall then report the date of
8-15 successful completion of the educational program to the Department
8-16 of Public Safety for inclusion in the person's driving record. If
8-17 the department does not receive notice that a person required to
8-18 complete an educational program has successfully completed the
8-19 program within the period required by this section, as shown on
8-20 department records, the department shall suspend the person's
8-21 driver's license, permit, or privilege or prohibit the person from
8-22 obtaining a license or permit, as provided by Section 24(g)(2),
8-23 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
8-24 (Article 6687b, Vernon's Texas Civil Statutes). The department may
8-25 not reinstate a license suspended under this subsection unless the
8-26 person whose license was suspended makes application to the
8-27 department for reinstatement of the person's license and pays to
9-1 the department a reinstatement fee of $50. The department shall
9-2 remit all fees collected under this subsection to the comptroller
9-3 for deposit in the general revenue fund. This subsection does not
9-4 apply to a defendant if a jury recommends probation for the
9-5 defendant and also recommends that the defendant's driver's license
9-6 not be suspended.
9-7 SECTION 7. (a) This Act takes effect September 1, 1993.
9-8 (b) The changes in law made by Sections 1 and 2 of this Act
9-9 apply only to probation that is ordered or an occupational driver's
9-10 license that is approved on or after that date. Probation ordered
9-11 or a license approved before the effective date of this Act is
9-12 covered by the law in effect when the probation was ordered or the
9-13 license was approved, and the former law is continued in effect for
9-14 those purposes.
9-15 (c) The changes in law made by Sections 3, 4, 5, and 6 of
9-16 this Act apply only to a driver's license that is reinstated on or
9-17 after that date.
9-18 SECTION 8. The importance of this legislation and the
9-19 crowded condition of the calendars in both houses create an
9-20 emergency and an imperative public necessity that the
9-21 constitutional rule requiring bills to be read on three several
9-22 days in each house be suspended, and this rule is hereby suspended.