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
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   4-62  Name:  Bob Lauder                                              x
   4-63  Representing:  Comptroller (TPR)
   4-64  City:  Austin
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   4-66  Name:  Stanton Brown                                           x
   4-67  Representing:  Comptroller (TPR)
   4-68  City:  Austin
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