By: Bivins S.B. No. 387
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the suspension of the driver's privileges of a person
1-2 convicted of certain offenses or adjudicated as having engaged in
1-3 certain conduct.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a), (a-1), and (d), Section 24,
1-6 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
1-7 (Article 6687b, Vernon's Texas Civil Statutes), are amended to read
1-8 as follows:
1-9 (a) Except as provided by Subsection (g) of this Section,
1-10 the license of any person shall be automatically suspended upon
1-11 final conviction of:
1-12 (1) an offense under Section 19.07, Penal Code,
1-13 committed as a result of the person's criminally negligent
1-14 operation of a motor vehicle;
1-15 (2) an offense under Section 19.05(a)(2), Penal Code;
1-16 (3) an offense under Article 6701l-1, Revised
1-17 Statutes, committed as a result of the introduction of alcohol into
1-18 the body;
1-19 (4) an offense punishable as a felony under the motor
1-20 vehicle laws of this State;
1-21 (5) an offense under Section 38, Uniform Act
1-22 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
1-23 Statutes); or
1-24 (6) an offense under Section 32 or 32A of this Act.
2-1 (a-1) The license of any person who was younger than 21
2-2 years of age at the time of the offense, other than a misdemeanor
2-3 punishable by fine only, shall be automatically suspended on
2-4 conviction of:
2-5 (1) an offense under Article 6701l-1, Revised
2-6 Statutes, committed as a result of the introduction of alcohol into
2-7 the body;
2-8 (2) an offense under the Alcoholic Beverage Code
2-9 involving the manufacture, delivery, possession, transportation, or
2-10 use of an alcoholic beverage;
2-11 (3) a misdemeanor <an> offense under Chapter 481,
2-12 Health and Safety Code (Texas Controlled Substances Act), for which
2-13 Section 24B of this Act does not require the automatic suspension
2-14 of the license of the person <involving the manufacture, delivery,
2-15 possession, transportation, or use of a controlled substance>;
2-16 (4) an offense under Chapter 483, Health and Safety
2-17 Code, involving the manufacture, delivery, possession,
2-18 transportation, or use of a dangerous drug; or
2-19 (5) an offense under Chapter 484, Health and Safety
2-20 Code, involving the manufacture, delivery, possession,
2-21 transportation, or use of a volatile chemical.
2-22 (d) Except as provided by Subsections (g), (h), and (j) of
2-23 this Section, if a person is convicted of an offense under Article
2-24 6701l-1, Revised Statutes, committed as a result of the
2-25 introduction of alcohol into the body, the suspension of the
2-26 person's license shall be for a period determined by the court
2-27 according to the following schedule:
3-1 (1) not less than ninety (90) or more than three
3-2 hundred sixty-five (365) days, if the person is punished under
3-3 Subsection (c) of that article, whether or not the punishment is
3-4 increased under Subsection (f) of that article; or
3-5 (2) not less than one hundred eighty (180) days or
3-6 more than two (2) years, if the person is punished under Subsection
3-7 (d) or (e) of that article, whether or not the punishment is
3-8 increased under Subsection (f) of that article.
3-9 SECTION 2. Subsections (a), (b), (d), and (e), Section 24B,
3-10 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
3-11 (Article 6687b, Vernon's Texas Civil Statutes), are amended to read
3-12 as follows:
3-13 (a) In this section:
3-14 (1) "Controlled Substances Act" means the federal
3-15 Controlled Substances Act (21 U.S.C. Section 321 et seq.).
3-16 (2) "Drug offense" has the meaning assigned by 23
3-17 U.S.C. Section 104 and includes an offense under Article 6701l-1,
3-18 Revised Statutes, or Section 19.05(a)(2), Penal Code, committed as
3-19 a result of the introduction into the body of any substance the
3-20 possession of which is prohibited under the Controlled Substances
3-21 Act<, as amended by Section 333, Pub.L. No. 101-516>.
3-22 (3) "Convicted" includes an adjudication under
3-23 juvenile proceedings.
3-24 (b) The driver's license, if any, of a person shall be
3-25 automatically suspended on final conviction of:
3-26 (1) an offense <a felony> under the Controlled
3-27 Substances Act;
4-1 (2) a <felony> drug offense; or
4-2 (3) a felony under Chapter 481, Health and Safety
4-3 Code, that is not a drug offense.
4-4 (d) The department is prohibited from issuing a driver's
4-5 license to a person convicted of an offense specified in Subsection
4-6 (b) of this section <a felony under the Controlled Substances Act,
4-7 of a felony drug offense, or of a felony under Chapter 481, Health
4-8 and Safety Code,> who on the date of conviction did not have a
4-9 valid driver's license.
4-10 (e) The department is prohibited from reinstating the
4-11 driver's license of a person convicted of an offense specified in
4-12 Subsection (b) of this section <a felony under the Controlled
4-13 Substances Act, of a felony drug offense, or of a felony under
4-14 Chapter 481, Health and Safety Code,> if the driver's license was
4-15 under suspension on the date of conviction.
4-16 SECTION 3. Subsections (a) and (b), Section 54.042, Family
4-17 Code, are amended to read as follows:
4-18 (a) A juvenile court, in a disposition hearing under Section
4-19 54.04 of this code, shall:
4-20 (1) order the Department of Public Safety to suspend a
4-21 child's driver's license or permit, or if the child does not have a
4-22 license or permit, to deny the issuance of a license or permit to
4-23 the child if the court finds that the child has engaged in conduct
4-24 that violates a law <the laws> of this state enumerated in Section
4-25 24(a-1), Chapter 173, Acts of the 47th Legislature, Regular
4-26 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes); or
4-27 (2) notify the Department of Public Safety of the
5-1 adjudication, if the court finds that the child has engaged in
5-2 conduct that violates a law of this state enumerated in Section
5-3 24B(b), Chapter 173, Acts of the 47th Legislature, Regular Session,
5-4 1941 (Article 6687b, Vernon's Texas Civil Statutes) <prohibiting:>
5-5 <(1) driving while intoxicated under Article 6701l-1,
5-6 Revised Statutes; or>
5-7 <(2) the use, possession, manufacture, or delivery of
5-8 a controlled substance or marihuana under Chapter 481, Health and
5-9 Safety Code>.
5-10 (b) The order under Subsection (a)(1) of this section shall
5-11 specify a period of suspension or denial that is:
5-12 (1) until the child reaches the age of 17 or for a
5-13 period of 365 days, whichever is longer; or
5-14 (2) if the court finds that the child has engaged in
5-15 conduct violating the laws of this state prohibiting driving while
5-16 intoxicated, by reason of the introduction of alcohol into the
5-17 body, under Article 6701l-1, Revised Statutes, and also determines
5-18 that the child has previously been found to have engaged in conduct
5-19 violating the same laws, until the child reaches the age of 19 or
5-20 for a period of 365 days, whichever is longer.
5-21 SECTION 4. Subsection (c), Section 25, Chapter 173, Acts of
5-22 the 47th Legislature, Regular Session, 1941 (Article 6687b,
5-23 Vernon's Texas Civil Statutes), is amended to read as follows:
5-24 (c) For the purpose of this Act, the term "conviction" shall
5-25 mean a final conviction. A conviction <of an offense described in
5-26 Section 24(a) or (a-1) of this Act> is a final conviction whether
5-27 or not any portion of the sentence for the conviction was suspended
6-1 or probated. Also, for the purpose of this Act, a final judgment
6-2 of forfeiture of bail or collateral deposited to secure a
6-3 defendant's appearance in court, which forfeiture has not been
6-4 vacated, shall be equivalent to a conviction.
6-5 SECTION 5. This Act takes effect April 1, 1993, and applies
6-6 only to a person convicted of an offense committed, or adjudicated
6-7 under juvenile proceedings for conduct engaged in, on or after the
6-8 effective date of this Act. For purposes of this section, an
6-9 offense was committed or conduct was engaged in before the
6-10 effective date of this Act if any element of the offense or conduct
6-11 occurred before the effective date. An offense committed or
6-12 conduct engaged in before the effective date of this Act is covered
6-13 by the law in effect when the offense was committed or the conduct
6-14 was engaged in, and the former law is continued in effect for this
6-15 purpose.
6-16 SECTION 6. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended,
6-21 and that this Act take effect and be in force according to its
6-22 terms, and it is so enacted.