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.