73R9305 JD-F
By Bivins S.B. No. 371
Substitute the following for S.B. No. 371:
By Place C.S.S.B. No. 371
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of a motor vehicle by certain persons and
1-3 the return of driver's licenses to those persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (i), Section 13, Article 42.12, Code
1-6 of Criminal Procedure, is amended to read as follows:
1-7 (i) If a person convicted of an offense under Article
1-8 6701l-1, Revised Statutes, and punished under Subsection (c) or (d)
1-9 of that article, or of a first or second offense under <or> Section
1-10 19.05(a)(2), Penal Code, is placed on probation, the court may
1-11 require as a condition of probation that the defendant not operate
1-12 a motor vehicle unless the vehicle is equipped with a device that
1-13 uses a deep-lung breath analysis mechanism to make impractical the
1-14 operation of the motor vehicle if ethyl alcohol is detected in the
1-15 breath of the operator. If the person is convicted of an offense
1-16 under Article 6701l-1, Revised Statutes, and punished under
1-17 Subsection (e) of that article, or of a third or subsequent offense
1-18 under Section 19.05(a)(2), Penal Code, and the person after
1-19 conviction of either offense is placed on probation, the court
1-20 shall require as a condition of probation that the defendant not
1-21 operate a motor vehicle unless the vehicle is equipped with that
1-22 device. The court shall require the defendant to obtain the device
1-23 at his own cost unless the court finds that to do so would not be
1-24 in the best interest of justice and enters its findings on record.
2-1 The court shall order the device to remain installed on that
2-2 vehicle for a period not less than 50 percent of the supervision
2-3 period. If the court determines the offender is unable to pay for
2-4 the device, the court may impose a reasonable payment schedule not
2-5 to exceed twice the period of the court's order. The Department
2-6 of Public Safety shall approve devices for use under this
2-7 subsection. The provisions of Section 23A(f), Chapter 173, Acts of
2-8 the 47th Legislature, Regular Session, 1941 (Article 6687b,
2-9 Vernon's Texas Civil Statutes), apply to the approval of a device
2-10 under this subsection and the consequences of that approval.
2-11 Notwithstanding the provisions of this section, if a person is
2-12 required to operate a motor vehicle in the course and scope of the
2-13 person's employment and if the vehicle is owned by the employer,
2-14 the person may operate that vehicle without installation of an
2-15 approved ignition interlock device if the employer has been
2-16 notified of that driving privilege restriction and if proof of that
2-17 notification is with the vehicle. This employment exemption does
2-18 not apply, however, if the business entity that owns the vehicle is
2-19 owned or controlled by the person whose driving privilege has been
2-20 restricted.
2-21 SECTION 2. Subsection (f), Section 23A, Chapter 173, Acts of
2-22 the 47th Legislature, Regular Session, 1941 (Article 6687b,
2-23 Vernon's Texas Civil Statutes), as amended by Chapters 473 and
2-24 1127, Acts of the 70th Legislature, Regular Session, 1987, is
2-25 amended to read as follows:
2-26 (f) The judge hearing the petition shall enter an order
2-27 either finding that no essential need exists for the operation of a
3-1 motor vehicle or enter an order finding an essential need for
3-2 operating a motor vehicle. In the event the judge enters the order
3-3 finding an essential need, he shall also, as part of the order,
3-4 determine the actual need of the petitioner in operating a motor
3-5 vehicle. The order shall require the petitioner to give proof of a
3-6 valid policy of automobile liability insurance in accordance with
3-7 the Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
3-8 Vernon's Texas Civil Statutes). If the person's license has been
3-9 suspended following a conviction under <Article 6701l-1, Revised
3-10 Statutes, or> Section 19.05(a)(2), Penal Code, but only on
3-11 conviction of a second or subsequent offense under that <this
3-12 article or> section, the order shall <may> restrict the person to
3-13 the operation of a motor vehicle equipped with a device that uses a
3-14 deep-lung breath analysis mechanism to make impractical the
3-15 operation of the motor vehicle if ethyl alcohol is detected in the
3-16 breath of the restricted operator. If the person's license has
3-17 been suspended following a conviction of an offense under Article
3-18 6701l-1, Revised Statutes, for which the person has been punished
3-19 under Subsection (e) of that article, the order shall restrict the
3-20 person to the operation of a motor vehicle equipped with that
3-21 device. The defendant shall obtain the device at his own cost
3-22 unless the court finds that to do so would not be in the best
3-23 interest of justice and enters its findings on record. The court
3-24 shall order the device to remain installed on that vehicle for a
3-25 period not less than 50 percent of the supervision period. If the
3-26 court determines the offender is unable to pay for the device, the
3-27 court may impose a reasonable payment schedule not to exceed twice
4-1 the period of the court's order. Notwithstanding the provisions
4-2 of this section, if a person is required to operate a motor vehicle
4-3 in the course and scope of the person's employment and if the
4-4 vehicle is owned by the employer, the person may operate that
4-5 vehicle without installation of an approved ignition interlock
4-6 device if the employer has been notified of such driving privilege
4-7 restriction and if proof of that notification is with the vehicle.
4-8 This employment exemption does not apply, however, if the business
4-9 entity that owns the vehicle is owned or controlled by the person
4-10 whose driving privilege has been restricted. The order shall be
4-11 definite as to hours of the day, days of the week, specific reasons
4-12 for travel, and areas or routes of travel to be permitted, except
4-13 that the petitioner shall not be allowed to operate a motor vehicle
4-14 more than four (4) hours in any twenty-four (24) consecutive hours.
4-15 On a proper showing of necessity, however, the court may waive the
4-16 four-hour restriction and allow the petitioner to operate a motor
4-17 vehicle for any period determined by the court that does not exceed
4-18 twelve (12) hours in any twenty-four (24) consecutive hours. An
4-19 order entered by the court shall extend for the period of the
4-20 original suspension. A certified copy of the petition and the
4-21 court order setting out the judge's finding and the restrictions
4-22 shall be forwarded to the Department. The petitioner may use a
4-23 copy of the court order as a restricted license for thirty (30)
4-24 days after the date the order is entered. The Department of Public
4-25 Safety shall promulgate rules and regulations for the approval of
4-26 models and classes of devices used under this subsection and
4-27 Section 25(a) of this Act. The Department by rule shall establish
5-1 standards for the calibration and maintenance of devices, but the
5-2 calibration and maintenance of each individual device is the
5-3 responsibility of the manufacturer of that device. If the
5-4 Department approves a device, the Department shall notify the
5-5 manufacturer in writing of that fact. Written notice from the
5-6 Department to a manufacturer approving a device is admissible in
5-7 any civil or criminal proceeding in this state. The manufacturer
5-8 shall reimburse the Department for any cost incurred by the
5-9 Department in approving a device under this subsection. The
5-10 Department may not be held liable in a civil or criminal proceeding
5-11 arising out of the use of a device approved under this subsection.
5-12 SECTION 3. Section 23, Chapter 173, Acts of the 47th
5-13 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
5-14 Civil Statutes), is amended by amending Subsection (c) and adding
5-15 Subsection (d) to read as follows:
5-16 (c) The Department may not reinstate a license suspended
5-17 under Section 22(b)(16) of this Act until<:>
5-18 <(1)> the court that filed the report for which the
5-19 license was suspended files an additional report on final
5-20 disposition of the case<; and>
5-21 <(2) the person whose license has been suspended pays
5-22 to the Department a fee of $25 in addition to any other fees
5-23 required by law>.
5-24 (d) The Department may not reinstate a license suspended or
5-25 revoked under Section 22 of this Act unless the person whose
5-26 license was suspended or revoked makes application to the
5-27 Department for reinstatement of the person's license and pays to
6-1 the Department a reinstatement fee of $50. The Department shall
6-2 remit all fees collected under this subsection to the comptroller
6-3 for deposit in the general revenue fund.
6-4 SECTION 4. Section 26, Chapter 173, Acts of the 47th
6-5 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
6-6 Civil Statutes), is amended to read as follows:
6-7 Sec. 26. SURRENDER AND RETURN OF LICENSE. The <(a) Except
6-8 as limited by Subsection (b) of this section, the> Department, upon
6-9 suspending or revoking a license, shall require that such license
6-10 shall be surrendered to and be retained by the Department except
6-11 that at the end of the period of suspension of such license, the
6-12 license so surrendered shall be returned to the licensee.
6-13 <(b) The Department may not return a license or reinstate a
6-14 privilege to operate a motor vehicle suspended under Section
6-15 24(a-1) of this Act, unless the person whose license or privilege
6-16 was suspended makes application to the Department for reinstatement
6-17 of the person's license or privilege and, in addition to any other
6-18 fee required by law, pays to the Department a reinstatement fee of
6-19 Five Dollars ($5.00).>
6-20 <(c) Fees paid under this section shall be deposited in the
6-21 state treasury to the credit of the Operator's and Chauffeur's
6-22 License Fund and shall be appropriated only to the Department to
6-23 administer the provisions of this Act.>
6-24 SECTION 5. Section 2, Chapter 434, Acts of the 61st
6-25 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
6-26 Civil Statutes), is amended by adding Subsection (j) to read as
6-27 follows:
7-1 (j) The Texas Department of Public Safety may not reinstate
7-2 a license suspended under this section unless the person whose
7-3 license was suspended makes application to the Texas Department of
7-4 Public Safety for reinstatement of the person's license and pays to
7-5 the Texas Department of Public Safety a reinstatement fee of $50.
7-6 The Texas Department of Public Safety shall remit all fees
7-7 collected under this subsection to the comptroller for deposit in
7-8 the general revenue fund.
7-9 SECTION 6. Subsection (h), Section 13, Article 42.12, Code
7-10 of Criminal Procedure, is amended to read as follows:
7-11 (h) If a person convicted of an offense under Article
7-12 6701l-1, Revised Statutes, is punished under Subsection (c) of that
7-13 article and is placed on probation, the court shall require, as a
7-14 condition of the probation, that the defendant attend and
7-15 successfully complete before the 181st day after the day probation
7-16 is granted an educational program jointly approved by the Texas
7-17 Commission on Alcohol and Drug Abuse, the Department of Public
7-18 Safety, the Traffic Safety Section of the Texas Department of
7-19 <State Department of Highways and Public> Transportation, and the
7-20 community justice assistance division of the Texas Department of
7-21 Criminal Justice <Texas Adult Probation Commission> designed to
7-22 rehabilitate persons who have driven while intoxicated. The Texas
7-23 Commission on Alcohol and Drug Abuse shall publish the jointly
7-24 approved rules and shall monitor, coordinate, and provide training
7-25 to persons providing the educational programs. The Texas
7-26 Commission on Alcohol and Drug Abuse is responsible for the
7-27 administration of the certification of approved educational
8-1 programs and may charge a nonrefundable application fee for the
8-2 initial certification of approval and for renewal of a certificate.
8-3 The judge may waive the educational program requirement, however,
8-4 if the defendant by a motion in writing shows good cause. In
8-5 determining good cause, the judge may consider but is not limited
8-6 to: the offender's school and work schedule, the offender's
8-7 health, the distance that the offender must travel to attend an
8-8 educational program, and the fact that the offender resides out of
8-9 state, has no valid driver's license, or does not have access to
8-10 transportation. The judge shall set out the finding of good cause
8-11 in the judgment. If a person is required, as a condition of
8-12 probation, to attend an educational program, the court clerk shall
8-13 immediately report that fact to the Department of Public Safety, on
8-14 a form prescribed by the department, for inclusion in the person's
8-15 driving record. The report must include the beginning date of the
8-16 person's probation. Upon the successful completion of the
8-17 educational program, the person shall give notice to the probation
8-18 department. The probation department shall then forward the notice
8-19 to the court clerk. The court clerk shall then report the date of
8-20 successful completion of the educational program to the Department
8-21 of Public Safety for inclusion in the person's driving record. If
8-22 the department does not receive notice that a person required to
8-23 complete an educational program has successfully completed the
8-24 program within the period required by this section, as shown on
8-25 department records, the department shall suspend the person's
8-26 driver's license, permit, or privilege or prohibit the person from
8-27 obtaining a license or permit, as provided by Section 24(g)(2),
9-1 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
9-2 (Article 6687b, Vernon's Texas Civil Statutes). The department may
9-3 not reinstate a license suspended under this subsection unless the
9-4 person whose license was suspended makes application to the
9-5 department for reinstatement of the person's license and pays to
9-6 the department a reinstatement fee of $50. The department shall
9-7 remit all fees collected under this subsection to the comptroller
9-8 for deposit in the general revenue fund. This subsection does not
9-9 apply to a defendant if a jury recommends probation for the
9-10 defendant and also recommends that the defendant's driver's license
9-11 not be suspended.
9-12 SECTION 7. (a) This Act takes effect September 1, 1993.
9-13 (b) The changes in law made by Sections 1 and 2 of this Act
9-14 apply only to probation that is ordered or an occupational driver's
9-15 license that is approved on or after that date. Probation ordered
9-16 or a license approved before the effective date of this Act is
9-17 covered by the law in effect when the probation was ordered or the
9-18 license was approved, and the former law is continued in effect for
9-19 those purposes.
9-20 (c) The changes in law made by Sections 3, 4, 5, and 6 of
9-21 this Act apply only to a driver's license that is reinstated on or
9-22 after that date.
9-23 SECTION 8. The importance of this legislation and the
9-24 crowded condition of the calendars in both houses create an
9-25 emergency and an imperative public necessity that the
9-26 constitutional rule requiring bills to be read on three several
9-27 days in each house be suspended, and this rule is hereby suspended.