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.