1-1 By: Bivins S.B. No. 371
1-2 (In the Senate - Filed February 16, 1993; February 17, 1993,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 24, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0;
1-6 February 24, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 371 By: Rosson
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the operation of a motor vehicle by certain persons and
1-26 the return of driver's licenses to those persons.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Subsection (i), Section 13, Article 42.12, Code
1-29 of Criminal Procedure, is amended to read as follows:
1-30 (i) If a person convicted of an offense under Article
1-31 6701l-1, Revised Statutes, and punished under Subsection (c) of
1-32 that article, or of an offense under <or> Section 19.05(a)(2),
1-33 Penal Code, is placed on probation, the court may require as a
1-34 condition of probation that the defendant not operate a motor
1-35 vehicle unless the vehicle is equipped with a device that uses a
1-36 deep-lung breath analysis mechanism to make impractical the
1-37 operation of the motor vehicle if ethyl alcohol is detected in the
1-38 breath of the operator. If the person is convicted of an offense
1-39 under Article 6701l-1, Revised Statutes, punished under Subsection
1-40 (d) or (e) of that article, and placed on probation, the court
1-41 shall require as a condition of probation that the defendant not
1-42 operate a motor vehicle unless the vehicle is equipped with that
1-43 device. The court shall require the defendant to obtain the device
1-44 at his own cost. The Department of Public Safety shall approve
1-45 devices for use under this subsection. The provisions of Section
1-46 23A(f), Chapter 173, Acts of the 47th Legislature, Regular Session,
1-47 1941 (Article 6687b, Vernon's Texas Civil Statutes), apply to the
1-48 approval of a device under this subsection and the consequences of
1-49 that approval. Notwithstanding the provisions of this section, if
1-50 a person is required to operate a motor vehicle in the course and
1-51 scope of the person's employment and if the vehicle is owned by the
1-52 employer, the person may operate that vehicle without installation
1-53 of an approved ignition interlock device if the employer has been
1-54 notified of that driving privilege restriction and if proof of that
1-55 notification is with the vehicle. This employment exemption does
1-56 not apply, however, if the business entity that owns the vehicle is
1-57 owned or controlled by the person whose driving privilege has been
1-58 restricted.
1-59 SECTION 2. Subsection (f), Section 23A, Chapter 173, Acts of
1-60 the 47th Legislature, Regular Session, 1941 (Article 6687b,
1-61 Vernon's Texas Civil Statutes), as amended by Chapters 473 and
1-62 1127, Acts of the 70th Legislature, Regular Session, 1987, is
1-63 amended to read as follows:
1-64 (f) The judge hearing the petition shall enter an order
1-65 either finding that no essential need exists for the operation of a
1-66 motor vehicle or enter an order finding an essential need for
1-67 operating a motor vehicle. In the event the judge enters the order
1-68 finding an essential need, he shall also, as part of the order,
2-1 determine the actual need of the petitioner in operating a motor
2-2 vehicle. The order shall require the petitioner to give proof of a
2-3 valid policy of automobile liability insurance in accordance with
2-4 the Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
2-5 Vernon's Texas Civil Statutes). If the person's license has been
2-6 suspended following a conviction under <Article 6701l-1, Revised
2-7 Statutes, or> Section 19.05(a)(2), Penal Code, but only on
2-8 conviction of a second or subsequent offense under that <this
2-9 article or> section, the order shall <may> restrict the person to
2-10 the operation of a motor vehicle equipped with a device that uses a
2-11 deep-lung breath analysis mechanism to make impractical the
2-12 operation of the motor vehicle if ethyl alcohol is detected in the
2-13 breath of the restricted operator. If the person's license has
2-14 been suspended following a conviction of a second or subsequent
2-15 offense under Article 6701l-1, Revised Statutes, the order shall
2-16 restrict the person to the operation of a motor vehicle equipped
2-17 with that device. The defendant shall obtain the device at his own
2-18 cost. Notwithstanding the provisions of this section, if a person
2-19 is required to operate a motor vehicle in the course and scope of
2-20 the person's employment and if the vehicle is owned by the
2-21 employer, the person may operate that vehicle without installation
2-22 of an approved ignition interlock device if the employer has been
2-23 notified of such driving privilege restriction and if proof of that
2-24 notification is with the vehicle. This employment exemption does
2-25 not apply, however, if the business entity that owns the vehicle is
2-26 owned or controlled by the person whose driving privilege has been
2-27 restricted. The order shall be definite as to hours of the day,
2-28 days of the week, specific reasons for travel, and areas or routes
2-29 of travel to be permitted, except that the petitioner shall not be
2-30 allowed to operate a motor vehicle more than four (4) hours in any
2-31 twenty-four (24) consecutive hours. On a proper showing of
2-32 necessity, however, the court may waive the four-hour restriction
2-33 and allow the petitioner to operate a motor vehicle for any period
2-34 determined by the court that does not exceed twelve (12) hours in
2-35 any twenty-four (24) consecutive hours. An order entered by the
2-36 court shall extend for the period of the original suspension. A
2-37 certified copy of the petition and the court order setting out the
2-38 judge's finding and the restrictions shall be forwarded to the
2-39 Department. The petitioner may use a copy of the court order as a
2-40 restricted license for thirty (30) days after the date the order is
2-41 entered. The Department of Public Safety shall promulgate rules
2-42 and regulations for the approval of models and classes of devices
2-43 used under this subsection and Section 25(a) of this Act. The
2-44 Department by rule shall establish standards for the calibration
2-45 and maintenance of devices, but the calibration and maintenance of
2-46 each individual device is the responsibility of the manufacturer of
2-47 that device. If the Department approves a device, the Department
2-48 shall notify the manufacturer in writing of that fact. Written
2-49 notice from the Department to a manufacturer approving a device is
2-50 admissible in any civil or criminal proceeding in this state. The
2-51 manufacturer shall reimburse the Department for any cost incurred
2-52 by the Department in approving a device under this subsection. The
2-53 Department may not be held liable in a civil or criminal proceeding
2-54 arising out of the use of a device approved under this subsection.
2-55 SECTION 3. Section 23, Chapter 173, Acts of the 47th
2-56 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-57 Civil Statutes), is amended by amending Subsection (c) and adding
2-58 Subsection (d) to read as follows:
2-59 (c) The Department may not reinstate a license suspended
2-60 under Section 22(b)(16) of this Act until<:>
2-61 <(1)> the court that filed the report for which the
2-62 license was suspended files an additional report on final
2-63 disposition of the case<; and>
2-64 <(2) the person whose license has been suspended pays
2-65 to the Department a fee of $25 in addition to any other fees
2-66 required by law>.
2-67 (d) The Department may not reinstate a license suspended or
2-68 revoked under this Act unless the person whose license was
2-69 suspended or revoked makes application to the Department for
2-70 reinstatement of the person's license and pays to the Department a
3-1 reinstatement fee of $50. The Department shall remit all fees
3-2 collected under this subsection to the comptroller for deposit in
3-3 the general revenue fund.
3-4 SECTION 4. Section 26, Chapter 173, Acts of the 47th
3-5 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
3-6 Civil Statutes), is amended to read as follows:
3-7 Sec. 26. SURRENDER AND RETURN OF LICENSE. The <(a) Except
3-8 as limited by Subsection (b) of this section, the> Department, upon
3-9 suspending or revoking a license, shall require that such license
3-10 shall be surrendered to and be retained by the Department except
3-11 that at the end of the period of suspension of such license, the
3-12 license so surrendered shall be returned to the licensee.
3-13 <(b) The Department may not return a license or reinstate a
3-14 privilege to operate a motor vehicle suspended under Section
3-15 24(a-1) of this Act, unless the person whose license or privilege
3-16 was suspended makes application to the Department for reinstatement
3-17 of the person's license or privilege and, in addition to any other
3-18 fee required by law, pays to the Department a reinstatement fee of
3-19 Five Dollars ($5.00).>
3-20 <(c) Fees paid under this section shall be deposited in the
3-21 state treasury to the credit of the Operator's and Chauffeur's
3-22 License Fund and shall be appropriated only to the Department to
3-23 administer the provisions of this Act.>
3-24 SECTION 5. Section 2, Chapter 434, Acts of the 61st
3-25 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
3-26 Civil Statutes), is amended by adding Subsection (j) to read as
3-27 follows:
3-28 (j) The Texas Department of Public Safety may not reinstate
3-29 a license suspended under this section unless the person whose
3-30 license was suspended makes application to the Texas Department of
3-31 Public Safety for reinstatement of the person's license and pays to
3-32 the Texas Department of Public Safety a reinstatement fee of $50.
3-33 The Texas Department of Public Safety shall remit all fees
3-34 collected under this subsection to the comptroller for deposit in
3-35 the general revenue fund.
3-36 SECTION 6. Subsection (h), Section 13, Article 42.12, Code
3-37 of Criminal Procedure, is amended to read as follows:
3-38 (h) If a person convicted of an offense under Article
3-39 6701l-1, Revised Statutes, is punished under Subsection (c) of that
3-40 article and is placed on probation, the court shall require, as a
3-41 condition of the probation, that the defendant attend and
3-42 successfully complete before the 181st day after the day probation
3-43 is granted an educational program jointly approved by the Texas
3-44 Commission on Alcohol and Drug Abuse, the Department of Public
3-45 Safety, the Traffic Safety Section of the Texas Department of
3-46 <State Department of Highways and Public> Transportation, and the
3-47 community justice assistance division of the Texas Department of
3-48 Criminal Justice <Texas Adult Probation Commission> designed to
3-49 rehabilitate persons who have driven while intoxicated. The Texas
3-50 Commission on Alcohol and Drug Abuse shall publish the jointly
3-51 approved rules and shall monitor, coordinate, and provide training
3-52 to persons providing the educational programs. The Texas
3-53 Commission on Alcohol and Drug Abuse is responsible for the
3-54 administration of the certification of approved educational
3-55 programs and may charge a nonrefundable application fee for the
3-56 initial certification of approval and for renewal of a certificate.
3-57 The judge may waive the educational program requirement, however,
3-58 if the defendant by a motion in writing shows good cause. In
3-59 determining good cause, the judge may consider but is not limited
3-60 to: the offender's school and work schedule, the offender's
3-61 health, the distance that the offender must travel to attend an
3-62 educational program, and the fact that the offender resides out of
3-63 state, has no valid driver's license, or does not have access to
3-64 transportation. The judge shall set out the finding of good cause
3-65 in the judgment. If a person is required, as a condition of
3-66 probation, to attend an educational program, the court clerk shall
3-67 immediately report that fact to the Department of Public Safety, on
3-68 a form prescribed by the department, for inclusion in the person's
3-69 driving record. The report must include the beginning date of the
3-70 person's probation. Upon the successful completion of the
4-1 educational program, the person shall give notice to the probation
4-2 department. The probation department shall then forward the notice
4-3 to the court clerk. The court clerk shall then report the date of
4-4 successful completion of the educational program to the Department
4-5 of Public Safety for inclusion in the person's driving record. If
4-6 the department does not receive notice that a person required to
4-7 complete an educational program has successfully completed the
4-8 program within the period required by this section, as shown on
4-9 department records, the department shall suspend the person's
4-10 driver's license, permit, or privilege or prohibit the person from
4-11 obtaining a license or permit, as provided by Section 24(g)(2),
4-12 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
4-13 (Article 6687b, Vernon's Texas Civil Statutes). The department may
4-14 not reinstate a license suspended under this subsection unless the
4-15 person whose license was suspended makes application to the
4-16 department for reinstatement of the person's license and pays to
4-17 the department a reinstatement fee of $50. The department shall
4-18 remit all fees collected under this subsection to the comptroller
4-19 for deposit in the general revenue fund. This subsection does not
4-20 apply to a defendant if a jury recommends probation for the
4-21 defendant and also recommends that the defendant's driver's license
4-22 not be suspended.
4-23 SECTION 7. (a) This Act takes effect September 1, 1993.
4-24 (b) The changes in law made by Sections 1 and 2 of this Act
4-25 apply only to probation that is ordered or an occupational driver's
4-26 license that is approved on or after that date. Probation ordered
4-27 or a license approved before the effective date of this Act is
4-28 covered by the law in effect when the probation was ordered or the
4-29 license was approved, and the former law is continued in effect for
4-30 those purposes.
4-31 (c) The changes in law made by Sections 3, 4, 5, and 6 of
4-32 this Act apply only to a driver's license that is reinstated on or
4-33 after that date.
4-34 SECTION 8. The importance of this legislation and the
4-35 crowded condition of the calendars in both houses create an
4-36 emergency and an imperative public necessity that the
4-37 constitutional rule requiring bills to be read on three several
4-38 days in each house be suspended, and this rule is hereby suspended.
4-39 * * * * *
4-40 Austin,
4-41 Texas
4-42 February 24,
4-43 1993
4-44 Hon. Bob Bullock
4-45 President of the Senate
4-46 Sir:
4-47 We, your Committee on State Affairs to which was referred S.B. No.
4-48 371, have had the same under consideration, and I am instructed to
4-49 report it back to the Senate with the recommendation that it do not
4-50 pass, but that the Committee Substitute adopted in lieu thereof do
4-51 pass and be printed.
4-52 Harris of
4-53 Dallas, Chairman
4-54 * * * * *
4-55 WITNESSES
4-56 FOR AGAINST ON
4-57 ___________________________________________________________________
4-58 Name: Helen Stauffer x
4-59 Representing: Texas DPS
4-60 City: Austin
4-61 -------------------------------------------------------------------
4-62 Name: Bob Lauder x
4-63 Representing: Comptroller (TPR)
4-64 City: Austin
4-65 -------------------------------------------------------------------
4-66 Name: Stanton Brown x
4-67 Representing: Comptroller (TPR)
4-68 City: Austin
4-69 -------------------------------------------------------------------