By:  Bivins                                            S.B. No. 371
       73R4765 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the operation of a motor vehicle by certain persons.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 13(i), Article 42.12, Code of Criminal
    1-5  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.  The Department of Public Safety shall approve
   1-21  devices for use under this subsection.  The provisions of Section
   1-22  23A(f), Chapter 173, Acts of the 47th Legislature, Regular Session,
   1-23  1941 (Article 6687b, Vernon's Texas Civil Statutes), apply to the
   1-24  approval of a device under this subsection and the consequences of
    2-1  that approval.  Notwithstanding the provisions of this section, if
    2-2  a person is required to operate a motor vehicle in the course and
    2-3  scope of the person's employment and if the vehicle is owned by the
    2-4  employer, the person may operate that vehicle without installation
    2-5  of an approved ignition interlock device if the employer has been
    2-6  notified of that driving privilege restriction and if proof of that
    2-7  notification is with the vehicle.  This employment exemption does
    2-8  not apply, however, if the business entity that owns the vehicle is
    2-9  owned or controlled by the person whose driving privilege has been
   2-10  restricted.
   2-11        SECTION 2.  Section 23A(f), Chapter 173, Acts of the 47th
   2-12  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   2-13  Civil Statutes), as amended by Chapters 473 and 1127, Acts of the
   2-14  70th Legislature, Regular Session, 1987, is amended to read as
   2-15  follows:
   2-16        (f)  The judge hearing the petition shall enter an order
   2-17  either finding that no essential need exists for the operation of a
   2-18  motor vehicle or enter an order finding an essential need for
   2-19  operating a motor vehicle.  In the event the judge enters the order
   2-20  finding an essential need, he shall also, as part of the order,
   2-21  determine the actual need of the petitioner in operating a motor
   2-22  vehicle.  The order shall require the petitioner to give proof of a
   2-23  valid policy of automobile liability insurance in accordance with
   2-24  the Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
   2-25  Vernon's Texas Civil Statutes).  If the person's license has been
   2-26  suspended following a conviction under <Article 6701l-1, Revised
   2-27  Statutes, or> Section 19.05(a)(2), Penal Code, but only on
    3-1  conviction of a second or subsequent offense under that <this
    3-2  article or> section, the order may restrict the person to the
    3-3  operation of a motor vehicle equipped with a device that uses a
    3-4  deep-lung breath analysis mechanism to make impractical the
    3-5  operation of the motor vehicle if ethyl alcohol is detected in the
    3-6  breath of the restricted operator.  If the person's license has
    3-7  been suspended following a conviction of a second or subsequent
    3-8  offense under Article 6701l-1, Revised Statutes, the order shall
    3-9  restrict the person to the operation of a motor vehicle equipped
   3-10  with that device.  The defendant shall obtain the device at his own
   3-11  cost.  Notwithstanding the provisions of this section, if a person
   3-12  is required to operate a motor vehicle in the course and scope of
   3-13  the person's employment and if the vehicle is owned by the
   3-14  employer, the person may operate that vehicle without installation
   3-15  of an approved ignition interlock device if the employer has been
   3-16  notified of such driving privilege restriction and if proof of that
   3-17  notification is with the vehicle.  This employment exemption does
   3-18  not apply, however, if the business entity that owns the vehicle is
   3-19  owned or controlled by the person whose driving privilege has been
   3-20  restricted.  The order shall be definite as to hours of the day,
   3-21  days of the week, specific reasons for travel, and areas or routes
   3-22  of travel to be permitted, except that the petitioner shall not be
   3-23  allowed to operate a motor vehicle more than four (4) hours in any
   3-24  twenty-four (24) consecutive hours.  On a proper showing of
   3-25  necessity, however, the court may waive the four-hour restriction
   3-26  and allow the petitioner to operate a motor vehicle for any period
   3-27  determined by the court that does not exceed twelve (12) hours in
    4-1  any twenty-four (24) consecutive hours.  An order entered by the
    4-2  court shall extend for the period of the original suspension.  A
    4-3  certified copy of the petition and the court order setting out the
    4-4  judge's finding and the restrictions shall be forwarded to the
    4-5  Department.  The petitioner may use a copy of the court order as a
    4-6  restricted license for thirty (30) days after the date the order is
    4-7  entered.  The Department of Public Safety shall promulgate rules
    4-8  and regulations for the approval of models and classes of devices
    4-9  used under this subsection and Section 25(a) of this Act.  The
   4-10  Department by rule shall establish standards for the calibration
   4-11  and maintenance of devices, but the calibration and maintenance of
   4-12  each individual device is the responsibility of the manufacturer of
   4-13  that device.  If the Department approves a device, the Department
   4-14  shall notify the manufacturer in writing of that fact.  Written
   4-15  notice from the Department to a manufacturer approving a device is
   4-16  admissible in any civil or criminal proceeding in this state.  The
   4-17  manufacturer shall reimburse the Department for any cost incurred
   4-18  by the Department in approving a device under this subsection.  The
   4-19  Department may not be held liable in a civil or criminal proceeding
   4-20  arising out of the use of a device approved under this subsection.
   4-21        SECTION 3.  Section 23, Chapter 173, Acts of the 47th
   4-22  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   4-23  Civil Statutes), is amended by amending Subsection (c) and adding
   4-24  Subsection (d) to read as follows:
   4-25        (c)  The Department may not reinstate a license suspended
   4-26  under Section 22(b)(16) of this Act until<:>
   4-27              <(1)>  the court that filed the report for which the
    5-1  license was suspended files an additional report on final
    5-2  disposition of the case<; and>
    5-3              <(2)  the person whose license has been suspended pays
    5-4  to the Department a fee of $25 in addition to any other fees
    5-5  required by law>.
    5-6        (d)  The Department may not return a license suspended or
    5-7  revoked under this Act unless the person whose license was
    5-8  suspended or revoked makes application to the Department for
    5-9  reinstatement of the person's license and pays to the Department a
   5-10  reinstatement fee of $50.
   5-11        SECTION 4.  Section 26, Chapter 173, Acts of the 47th
   5-12  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   5-13  Civil Statutes), is amended to read as follows:
   5-14        Sec. 26.  SURRENDER AND RETURN OF LICENSE.  The <(a)  Except
   5-15  as limited by Subsection (b) of this section, the> Department, upon
   5-16  suspending or revoking a license, shall require that such license
   5-17  shall be surrendered to and be retained by the Department except
   5-18  that at the end of the period of suspension of such license, the
   5-19  license so surrendered shall be returned to the licensee.
   5-20        <(b)  The Department may not return a license or reinstate a
   5-21  privilege to operate a motor vehicle suspended under Section
   5-22  24(a-1) of this Act, unless the person whose license or privilege
   5-23  was suspended makes application to the Department for reinstatement
   5-24  of the person's license or privilege and, in addition to any other
   5-25  fee required by law, pays to the Department a reinstatement fee of
   5-26  Five Dollars ($5.00).>
   5-27        <(c)  Fees paid under this section shall be deposited in the
    6-1  state treasury to the credit of the Operator's and Chauffeur's
    6-2  License Fund and shall be appropriated only to the Department to
    6-3  administer the provisions of this Act.>
    6-4        SECTION 5.  (a)  This Act takes effect September 1, 1993.
    6-5        (b)  The changes in law made by Sections 1 and 2 of this Act
    6-6  apply only to probation that is ordered or an occupational driver's
    6-7  license that is approved on or after that date.  Probation ordered
    6-8  or a license approved before the effective date of this Act is
    6-9  covered by the law in effect when the probation was ordered or the
   6-10  license was approved, and the former law is continued in effect for
   6-11  those purposes.
   6-12        (c)  The changes in law made by Sections 3 and 4 of this Act
   6-13  apply only to a driver's license that is reinstated on or after
   6-14  that date.
   6-15        SECTION 6.  The importance of this legislation and the
   6-16  crowded condition of the calendars in both houses create an
   6-17  emergency and an imperative public necessity that the
   6-18  constitutional rule requiring bills to be read on three several
   6-19  days in each house be suspended, and this rule is hereby suspended.