S.B. No. 371
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) or (d)
1-8 of that article, or of a first or second offense under <or> Section
1-9 19.05(a)(2), Penal Code, is placed on probation, the court may
1-10 require as a condition of probation that the defendant not operate
1-11 a motor vehicle unless the vehicle is equipped with a device that
1-12 uses a 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, and punished under
1-16 Subsection (e) of that article, or of a third or subsequent offense
1-17 under Section 19.05(a)(2), Penal Code, and the person after
1-18 conviction of either offense is placed on probation, the court
1-19 shall require as a condition of probation that the defendant not
1-20 operate a motor vehicle unless the vehicle is equipped with that
1-21 device. Before placing on probation a person convicted of an
1-22 offense under Article 6701l-1, Revised Statutes, or Section
1-23 19.05(a)(2), Penal Code, the court shall determine from criminal
1-24 history record information maintained by the Department of Public
2-1 Safety whether the person has two or more previous convictions
2-2 under that article or that section or has one previous conviction
2-3 under that article and one previous conviction under that section.
2-4 If the court determines that the person has two or more such
2-5 previous convictions, the court shall require as a condition of
2-6 probation that the defendant not operate a motor vehicle unless the
2-7 vehicle is equipped with the device described in this subsection.
2-8 The court shall require the defendant to obtain the device at his
2-9 own cost unless the court finds that to do so would not be in the
2-10 best interest of justice and enters its findings on record. The
2-11 court shall order the device to remain installed on that vehicle
2-12 for a period not less than 50 percent of the supervision period.
2-13 If the court determines the offender is unable to pay for the
2-14 device, the court may impose a reasonable payment schedule not to
2-15 exceed twice the period of the court's order. The Department of
2-16 Public Safety shall approve devices for use under this subsection.
2-17 The provisions of Section 23A(f), Chapter 173, Acts of the 47th
2-18 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-19 Civil Statutes), apply to the approval of a device under this
2-20 subsection and the consequences of that approval. Notwithstanding
2-21 the provisions of this section, if a person is required to operate
2-22 a motor vehicle in the course and scope of the person's employment
2-23 and if the vehicle is owned by the employer, the person may operate
2-24 that vehicle without installation of an approved ignition interlock
2-25 device if the employer has been notified of that driving privilege
2-26 restriction and if proof of that notification is with the vehicle.
2-27 This employment exemption does not apply, however, if the business
3-1 entity that owns the vehicle is owned or controlled by the person
3-2 whose driving privilege has been restricted.
3-3 SECTION 2. Subsection (f), Section 23A, Chapter 173, Acts of
3-4 the 47th Legislature, Regular Session, 1941 (Article 6687b,
3-5 Vernon's Texas Civil Statutes), as amended by Chapters 473 and
3-6 1127, Acts of the 70th Legislature, Regular Session, 1987, is
3-7 amended to read as follows:
3-8 (f) The judge hearing the petition shall enter an order
3-9 either finding that no essential need exists for the operation of a
3-10 motor vehicle or enter an order finding an essential need for
3-11 operating a motor vehicle. In the event the judge enters the order
3-12 finding an essential need, he shall also, as part of the order,
3-13 determine the actual need of the petitioner in operating a motor
3-14 vehicle. The order shall require the petitioner to give proof of a
3-15 valid policy of automobile liability insurance in accordance with
3-16 the Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
3-17 Vernon's Texas Civil Statutes). If the person's license has been
3-18 suspended following a conviction under <Article 6701l-1, Revised
3-19 Statutes, or> Section 19.05(a)(2), Penal Code, but only on
3-20 conviction of a second or subsequent offense under that <this
3-21 article or> section, the order shall <may> restrict the person to
3-22 the operation of a motor vehicle equipped with a device that uses a
3-23 deep-lung breath analysis mechanism to make impractical the
3-24 operation of the motor vehicle if ethyl alcohol is detected in the
3-25 breath of the restricted operator. If the person's license has
3-26 been suspended following a conviction of an offense under Article
3-27 6701l-1, Revised Statutes, for which the person has been punished
4-1 under Subsection (e) of that article, the order shall restrict the
4-2 person to the operation of a motor vehicle equipped with that
4-3 device. If the person's license has been suspended following a
4-4 conviction of an offense under Article 6701l-1, Revised Statutes,
4-5 or Section 19.05(a)(2), Penal Code, before entering the order, the
4-6 judge shall determine from criminal history record information
4-7 maintained by the Department of Public Safety whether the person
4-8 has two or more previous convictions under that article or that
4-9 section or has one previous conviction under that article and one
4-10 previous conviction under that section. If the judge determines
4-11 that the person has two or more such previous convictions, as part
4-12 of the order the judge shall require that the petitioner not
4-13 operate a motor vehicle unless the vehicle is equipped with the
4-14 device described in this subsection. The defendant shall obtain
4-15 the device at his own cost unless the court finds that to do so
4-16 would not be in the best interest of justice and enters its
4-17 findings on record. The court shall order the device to remain
4-18 installed on that vehicle for a period not less than 50 percent of
4-19 the supervision period. If the court determines the offender is
4-20 unable to pay for the device, the court may impose a reasonable
4-21 payment schedule not to exceed twice the period of the court's
4-22 order. Notwithstanding the provisions of this section, if a
4-23 person is required to operate a motor vehicle in the course and
4-24 scope of the person's employment and if the vehicle is owned by the
4-25 employer, the person may operate that vehicle without installation
4-26 of an approved ignition interlock device if the employer has been
4-27 notified of such driving privilege restriction and if proof of that
5-1 notification is with the vehicle. This employment exemption does
5-2 not apply, however, if the business entity that owns the vehicle is
5-3 owned or controlled by the person whose driving privilege has been
5-4 restricted. The order shall be definite as to hours of the day,
5-5 days of the week, specific reasons for travel, and areas or routes
5-6 of travel to be permitted, except that the petitioner shall not be
5-7 allowed to operate a motor vehicle more than four (4) hours in any
5-8 twenty-four (24) consecutive hours. On a proper showing of
5-9 necessity, however, the court may waive the four-hour restriction
5-10 and allow the petitioner to operate a motor vehicle for any period
5-11 determined by the court that does not exceed twelve (12) hours in
5-12 any twenty-four (24) consecutive hours. An order entered by the
5-13 court shall extend for the period of the original suspension. A
5-14 certified copy of the petition and the court order setting out the
5-15 judge's finding and the restrictions shall be forwarded to the
5-16 Department. The petitioner may use a copy of the court order as a
5-17 restricted license for thirty (30) days after the date the order is
5-18 entered. The Department of Public Safety shall promulgate rules
5-19 and regulations for the approval of models and classes of devices
5-20 used under this subsection and Section 25(a) of this Act. The
5-21 Department by rule shall establish standards for the calibration
5-22 and maintenance of devices, but the calibration and maintenance of
5-23 each individual device is the responsibility of the manufacturer of
5-24 that device. If the Department approves a device, the Department
5-25 shall notify the manufacturer in writing of that fact. Written
5-26 notice from the Department to a manufacturer approving a device is
5-27 admissible in any civil or criminal proceeding in this state. The
6-1 manufacturer shall reimburse the Department for any cost incurred
6-2 by the Department in approving a device under this subsection. The
6-3 Department may not be held liable in a civil or criminal proceeding
6-4 arising out of the use of a device approved under this subsection.
6-5 SECTION 3. Section 23, Chapter 173, Acts of the 47th
6-6 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
6-7 Civil Statutes), is amended by amending Subsection (c) and adding
6-8 Subsection (d) to read as follows:
6-9 (c) The Department may not reinstate a license suspended
6-10 under Section 22(b)(16) of this Act until<:>
6-11 <(1)> the court that filed the report for which the
6-12 license was suspended files an additional report on final
6-13 disposition of the case<; and>
6-14 <(2) the person whose license has been suspended pays
6-15 to the Department a fee of $25 in addition to any other fees
6-16 required by law>.
6-17 (d) The Department may not reinstate a license suspended or
6-18 revoked under Section 22 of this Act unless the person whose
6-19 license was suspended or revoked makes application to the
6-20 Department for reinstatement of the person's license and pays to
6-21 the Department a reinstatement fee of $50. The Department shall
6-22 remit all fees collected under this subsection to the comptroller
6-23 for deposit in the general revenue fund.
6-24 SECTION 4. Section 26, Chapter 173, Acts of the 47th
6-25 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
6-26 Civil Statutes), is amended to read as follows:
6-27 Sec. 26. SURRENDER AND RETURN OF LICENSE. The <(a) Except
7-1 as limited by Subsection (b) of this section, the> Department, upon
7-2 suspending or revoking a license, shall require that such license
7-3 shall be surrendered to and be retained by the Department except
7-4 that at the end of the period of suspension of such license, the
7-5 license so surrendered shall be returned to the licensee.
7-6 <(b) The Department may not return a license or reinstate a
7-7 privilege to operate a motor vehicle suspended under Section
7-8 24(a-1) of this Act, unless the person whose license or privilege
7-9 was suspended makes application to the Department for reinstatement
7-10 of the person's license or privilege and, in addition to any other
7-11 fee required by law, pays to the Department a reinstatement fee of
7-12 Five Dollars ($5.00).>
7-13 <(c) Fees paid under this section shall be deposited in the
7-14 state treasury to the credit of the Operator's and Chauffeur's
7-15 License Fund and shall be appropriated only to the Department to
7-16 administer the provisions of this Act.>
7-17 SECTION 5. Subdivision (2) Subsection (a), Article 6701l-1,
7-18 Revised Statutes, is amended to read as follows:
7-19 (2) "Intoxicated" means:
7-20 (A) not having the normal use of mental or
7-21 physical faculties by reason of the introduction of alcohol, a
7-22 controlled substance, a drug, a substance or its vapors that
7-23 contain a volatile chemical, an abusable glue, or an aerosol paint,
7-24 or a combination of two or more of those substances into the body;
7-25 or
7-26 (B) having an alcohol concentration of 0.10 or
7-27 more.
8-1 SECTION 6. Subsection (a), Article 6701l-1, Revised
8-2 Statutes, is amended by adding Subdivisions (8), (9), and (10) to
8-3 read as follows:
8-4 (8) "Abusable glue" has the meaning assigned by
8-5 Section 485.001, Health and Safety Code.
8-6 (9) "Aerosol paint" has the meaning assigned by
8-7 Section 485.001, Health and Safety Code.
8-8 (10) "Volatile chemical" is a chemical or isomer
8-9 listed in Section 484.002, Health and Safety Code.
8-10 SECTION 7. Section 2, Chapter 434, Acts of the 61st
8-11 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
8-12 Civil Statutes), is amended by adding Subsection (j) to read as
8-13 follows:
8-14 (j) The Texas Department of Public Safety may not reinstate
8-15 a license suspended under this section unless the person whose
8-16 license was suspended makes application to the Texas Department of
8-17 Public Safety for reinstatement of the person's license and pays to
8-18 the Texas Department of Public Safety a reinstatement fee of $50.
8-19 The Texas Department of Public Safety shall remit all fees
8-20 collected under this subsection to the comptroller for deposit in
8-21 the general revenue fund.
8-22 SECTION 8. Subsection (h), Section 13, Article 42.12, Code
8-23 of Criminal Procedure, is amended to read as follows:
8-24 (h) If a person convicted of an offense under Article
8-25 6701l-1, Revised Statutes, is punished under Subsection (c) of that
8-26 article and is placed on probation, the court shall require, as a
8-27 condition of the probation, that the defendant attend and
9-1 successfully complete before the 181st day after the day probation
9-2 is granted an educational program jointly approved by the Texas
9-3 Commission on Alcohol and Drug Abuse, the Department of Public
9-4 Safety, the Traffic Safety Section of the Texas Department of
9-5 <State Department of Highways and Public> Transportation, and the
9-6 community justice assistance division of the Texas Department of
9-7 Criminal Justice <Texas Adult Probation Commission> designed to
9-8 rehabilitate persons who have driven while intoxicated. The Texas
9-9 Commission on Alcohol and Drug Abuse shall publish the jointly
9-10 approved rules and shall monitor, coordinate, and provide training
9-11 to persons providing the educational programs. The Texas
9-12 Commission on Alcohol and Drug Abuse is responsible for the
9-13 administration of the certification of approved educational
9-14 programs and may charge a nonrefundable application fee for the
9-15 initial certification of approval and for renewal of a certificate.
9-16 The judge may waive the educational program requirement, however,
9-17 if the defendant by a motion in writing shows good cause. In
9-18 determining good cause, the judge may consider but is not limited
9-19 to: the offender's school and work schedule, the offender's
9-20 health, the distance that the offender must travel to attend an
9-21 educational program, and the fact that the offender resides out of
9-22 state, has no valid driver's license, or does not have access to
9-23 transportation. The judge shall set out the finding of good cause
9-24 in the judgment. If a person is required, as a condition of
9-25 probation, to attend an educational program, the court clerk shall
9-26 immediately report that fact to the Department of Public Safety, on
9-27 a form prescribed by the department, for inclusion in the person's
10-1 driving record. The report must include the beginning date of the
10-2 person's probation. Upon the successful completion of the
10-3 educational program, the person shall give notice to the probation
10-4 department. The probation department shall then forward the notice
10-5 to the court clerk. The court clerk shall then report the date of
10-6 successful completion of the educational program to the Department
10-7 of Public Safety for inclusion in the person's driving record. If
10-8 the department does not receive notice that a person required to
10-9 complete an educational program has successfully completed the
10-10 program within the period required by this section, as shown on
10-11 department records, the department shall suspend the person's
10-12 driver's license, permit, or privilege or prohibit the person from
10-13 obtaining a license or permit, as provided by Section 24(g)(2),
10-14 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
10-15 (Article 6687b, Vernon's Texas Civil Statutes). The department may
10-16 not reinstate a license suspended under this subsection unless the
10-17 person whose license was suspended makes application to the
10-18 department for reinstatement of the person's license and pays to
10-19 the department a reinstatement fee of $50. The department shall
10-20 remit all fees collected under this subsection to the comptroller
10-21 for deposit in the general revenue fund. This subsection does not
10-22 apply to a defendant if a jury recommends probation for the
10-23 defendant and also recommends that the defendant's driver's license
10-24 not be suspended.
10-25 SECTION 9. (a) This Act takes effect September 1, 1993.
10-26 (b) The changes in law made by Sections 1 and 2 of this Act
10-27 apply only to probation that is ordered or an occupational driver's
11-1 license that is approved on or after that date. Probation ordered
11-2 or a license approved before the effective date of this Act is
11-3 covered by the law in effect when the probation was ordered or the
11-4 license was approved, and the former law is continued in effect for
11-5 those purposes.
11-6 (c) The changes in law made by Sections 3, 4, 7, and 8 of
11-7 this Act apply only to a driver's license that is reinstated on or
11-8 after that date.
11-9 SECTION 10. The importance of this legislation and the
11-10 crowded condition of the calendars in both houses create an
11-11 emergency and an imperative public necessity that the
11-12 constitutional rule requiring bills to be read on three several
11-13 days in each house be suspended, and this rule is hereby suspended.